Law and logic: a review from an argumentation perspective
发布时间:2026-11-03 | 浏览:1
, Giovanni Sartor
European University Institute
Research output : Contribution to journal › Article › Academic › peer-review
https://doi.org/10.1016/j.artint.2015.06.005
Legal reasoning
Access to Document
10.1016/j.artint.2015.06.005
law Final published version, 1.21 MB Licence: Taverne
http://dx.doi.org/10.1016/j.artint.2015.06.005
Law Keyphrases 100%
Logic Application Keyphrases 100%
Argumentation Social Sciences 100%
Legal Applications Keyphrases 75%
Deduction Keyphrases 50%
Legal Process Keyphrases 50%
Legal Position Social Sciences 33%
Normativity Social Sciences 33%
Research output : Contribution to journal › Article › Academic › peer-review
T1 - Law and logic
T2 - a review from an argumentation perspective
AU - Prakken, H.
AU - Sartor, Giovanni
N2 - This article reviews legal applications of logic, with a particularly marked concern for logical models of legal argument. We argue that the law is a rich test bed and important application field for logic-based AI research. First applications of logic to the representation of legal regulations are reviewed, where the main emphasis is on representation and where the legal conclusions follow from that representation as a matter of deduction. This includes the representation of deontic concepts, normative positions, legal ontologies, time and change. Then legal applications of logic are reviewed where legal rules are not just applied but are the object of reasoning and discourse. This includes arguing about applying statutory rules in unforeseen circumstances, interpretative reasoning in light of the facts of a case, and evidential reasoning to establish the facts of a case. This part of the review has special emphasis on argumentation-based approaches. This also holds for the final part, which discusses formal models of legal procedure and of multi-agent interaction in legal proceedings. The review concludes with identifying some of the main open research problems. The review shows that modern legal applications of logic confirm the recent trend of widening the scope of logic from deduction to information flow, argumentation and interaction.
AB - This article reviews legal applications of logic, with a particularly marked concern for logical models of legal argument. We argue that the law is a rich test bed and important application field for logic-based AI research. First applications of logic to the representation of legal regulations are reviewed, where the main emphasis is on representation and where the legal conclusions follow from that representation as a matter of deduction. This includes the representation of deontic concepts, normative positions, legal ontologies, time and change. Then legal applications of logic are reviewed where legal rules are not just applied but are the object of reasoning and discourse. This includes arguing about applying statutory rules in unforeseen circumstances, interpretative reasoning in light of the facts of a case, and evidential reasoning to establish the facts of a case. This part of the review has special emphasis on argumentation-based approaches. This also holds for the final part, which discusses formal models of legal procedure and of multi-agent interaction in legal proceedings. The review concludes with identifying some of the main open research problems. The review shows that modern legal applications of logic confirm the recent trend of widening the scope of logic from deduction to information flow, argumentation and interaction.
KW - Legal logic
KW - Legal reasoning
KW - Argumentation
U2 - 10.1016/j.artint.2015.06.005
DO - 10.1016/j.artint.2015.06.005
JO - Artificial Intelligence
JF - Artificial Intelligence