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Law and logic: a review from an argumentation perspective

发布时间:2026-11-03 | 浏览:1
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, 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%
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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
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