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Defeasible Legal Argumentation

SSRN Electronic Journal, 2018
This paper provides an analysis of defeasible legal reasoning as argumentation. It first gives a general account of the idea of defeasibility and introduces the idea of nonmonotonic reasoning. It then focuses on defeasible argumentation, considering how defeasible arguments can be constructed and how they can be defeated by rebutting and undercutting ...
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Legal Argumentation and Legal Interpretation

2017
As an introduction to the discussion of theories of legal justification in the following chapters, this chapter discusses the central topics in the literature on interpretation and application of legal rules in particular, and the law in general. The central focus of this introduction is on the discretionary space judges have in interpreting and ...
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Legal Argumentation and AI

SSRN Electronic Journal, 2021
A mainstay of lawyers is their ability to undertake legal argumentation. This is a skill taught in law school and matured over the course of a legal career. AI is going to up the game, so to speak, by providing legal argumentation enablement. Attorneys need to ready themselves.
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Legal Argumentation: Informal Logic

2022
Douglas Walton, Fabrizio Macagno
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Argument Types and Fallacies in Legal Argumentation

2015
Introduction.- about the authors.- I. Argument Types or Fallacies?.- 1. Appeal to Expert Testimony - A Bayesian Approach Christian Dahlman and Lena Wahlberg.- 2. Ad Hominem Fallacies and Epistemic Credibility Audrey Yap.- 3. On the Absence of Evidence Giovanni Tuzet.- 4. The Uses of Slippery Slope Argument Jose Juan Moreso.- 5.
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Law and legal argumentation

The main objective of this article is to approach the studies of argumentation and rhetoric, based from the classical world, to the contemporary argumentation of Robert Alexy's Discourse Theory in the field of Discourse Analysis. It discusses what is Argumentation in the General Sense and Classical Rhetoric, then the postulates of Argumentation in ...
LĂ­dice Maria Lins Silva   +3 more
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Legal Reasoning and Argumentation

2018
Wigmore thought that there was a science of proof underlying legal reasoning that could be displayed in any given case as a graphic sequence of argumentation from the evidence in the case leading to the ultimate probandum. Argumentation technology has now vindicated this approach by providing useful qualitative methods that can be applied to ...
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