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Argumentation and explanation in the law [PDF]

open access: yesFrontiers in Artificial Intelligence, 2023
This article investigates the conceptual connection between argumentation and explanation in the law and provides a formal account of it. To do so, the methods used are conceptual analysis from legal theory and formal argumentation from AI.
Antonino Rotolo   +2 more
doaj   +2 more sources

The Argumentative Status of Foreign Legal Arguments [PDF]

open access: diamondUtrecht Law Review, 2012
This paper argues that the citation of foreign legal sources in judicial decisions is not essentially a free-standing justification. Rather it gives additional support to arguments that can be based on existing domestic legal sources by showing that these illustrate a principle or value shared by a number of other legal systems.
John Bell
openaire   +4 more sources

Analyzing Legal Argumentation: What Theoretical Model Is the Most Comprehensive?

open access: yesStudia Iuridica Lublinensia, 2022
Today, there is a clear need in developing a unified theoretical model of legal argumentation viable for all areas of legal practice and legal doctrine.
Tamara Dudash
doaj   +1 more source

Visual as Multi-Modal Argumentation in Law

open access: yesBratislava Law Review, 2021
Although the legal context is a formalized framework, in judicial proceedings there is also room for multi-modal argumentation. To the traditional logical mode, multi-modal argumentation theory has added three additional modes (the so-called “alternate ...
Marko Novak
doaj   +1 more source

Legal Inquiry and Legal Arguments [PDF]

open access: yesNetherlands Journal of Legal Philosophy, 2022
Legal Inquiry and Legal Arguments Del Mar’s conception of legal inquiry sheds light on aspects of judicial decision-making, in particular their use of some argument-types. In turn, the deeper insight into these argumentative practices helps us better understand how legal arguments put forward in authoritatively decided cases relate to future ...
openaire   +1 more source

Reviewing Argument Schemes for Legal Arguments of Statutory Interpretation

open access: yesOpinión Jurídica, 2022
The current legal paradigm assumes that legal decisions must be justified. Judges use arguments as tools to accomplish this justification. Thus, this research presents an analysis to explain and illustrate arguments of statutory interpretation, given ...
Eduardo Brandão Nunes
doaj   +1 more source

The Use of Maxims (al-Qawāʿid al-Uṣūliyyah wa al-Fiqhiyyah) in Legal Argumentation of Sharia Economic Court Decisions in Indonesia

open access: yesAl-Ihkam: Jurnal Hukum dan Pranata Sosial, 2022
All sharia economic court decisions in Indonesia are supposed to include sharia principles as the basis for adjudicating the case. Therefore, the judges must be able to understand the legal norms of sharia economics.
Muhammad Taufiki   +2 more
doaj   +1 more source

Rooting Gilbert's Multi-Modal Argumentation in Jung, and Its Extension to Law

open access: yesInformal Logic, 2020
This paper discusses how an understanding of Jung's psychological types is important for the relevance of Gilbert's multi-modal argumentation theory. Moreover, it highlights how the types have been confirmed by contemporary neuroscience and cognitive ...
Marko Novak
doaj   +1 more source

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