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Home > Law > Jurisprudence and general issues > Methods, theory and philosophy of law > DiaLaw: On Legal Justification and Dialogical Models of Argumentation(42 Law and Philosophy Library)
DiaLaw: On Legal Justification and Dialogical Models of Argumentation(42 Law and Philosophy Library)

DiaLaw: On Legal Justification and Dialogical Models of Argumentation(42 Law and Philosophy Library)


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About the Book

In this work it is argued that legal justification can best be studied from a procedural, dialogical point of view and that legal statements are justified if the audience is convinced in an argumentative dialogue. The formalized and implemented model DiaLaw guards the procedure in which two players aim at justifying statements. DiaLaw shows the advances and problems linked to procedural models of legal justification. Moreover, an instructive discussion of the different models of procedural justification is provided. It is stressed that in legal justification not only logically compelling arguments should be considered, but also convincing arguments. Therefore DiaLaw also deals with the rhetorical, psychological aspects of argument. This book is relevant for scholars in legal theory, artificial intelligence, and argumentation, and can be used in graduate courses on AI and law, and legal argumentation.

Table of Contents:
1 Introduction.- 1. Artificial Intelligence and Law.- 2. Legal justification.- 3. Outline of the book.- 2 From law to DiaLaw Why legal justification should be modeled dialogically.- 1. The product and the process of justification.- 2. Justification as a product.- 3. The defeasible nature of legal justification.- 4. The open nature of law.- 5. The Münchhausen Trilemma.- 6. Justification as a process: a dialogical model.- 7. Dealing with defeasibility, open nature, and the Münchhausen Trilemma in a dialogical model.- 8. Justification of dialog rules and altering protocols.- 9. How pure is the procedure of legal justification?.- 10. Conclusion.- 3 DiaLaw Framework and general rules.- 1. Justification in DiaLaw.- 2. Basic concepts of DiaLaw.- 3. DiaLaw’s dialogical framework.- 4. General rules for communication.- 5. Towards legal justification.- 4 DiaLaw Special rules for communication.- 1. Special language elements.- 2. Special rules for communication - legal tools and forced commitment.- 3. Concluding remarks.- 5 DiaLaw in action.- 1. The Tyrell case.- 2. The Chabot case.- 3. Concluding remarks.- 6 Dialogical models of argumentation.- 1. The purpose of models.- 2. A short sample dialog.- 3. Mackenzie’s DC and Hamblin’s H.- 4. Rescher’s Dialectics and the formal elaboration by Brewka.- 5. Gordon’s Pleadings Game.- 6. Survey of moves and commitment.- 7. Other related research.- 8. Conclusion.- 7 What is an argument? Properties of procedural models of argumentation.- 1. Argumentation: two perspectives.- 2. Argumentation: two types.- 3. Towards combining the approaches.- 4. DiaLaw: rational and dia-rational argumentation.- 5. Procedural and structural arguments.- 6. Layers in models of legal argumentation.- 7. Conclusion.- 8 In conclusion.- 1. On legaljustification.- 2. The answers.- 3. The future: towards natural dialog models.- 4. Closing remarks.- Appendix- Prolog code of DiaLaw.- References.- Index of names.- Index of subjects.

Review :
'... merit of Lodder's book rather lies on the terrain of clarity of exposition and completeness... By its sober language and transparent but otherwise complete exposition I recommend the use...in graduate courses on AI & Law and legal argumentation.' Artificial Intelligence and Law, 8 (2000)


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Product Details
  • ISBN-13: 9780792358305
  • Publisher: Kluwer Academic Publishers
  • Publisher Imprint: Kluwer Academic Publishers
  • Height: 235 mm
  • No of Pages: 198
  • Returnable: N
  • Sub Title: On Legal Justification and Dialogical Models of Argumentation
  • ISBN-10: 0792358309
  • Publisher Date: 31 Jul 1999
  • Binding: Hardback
  • Language: English
  • Returnable: N
  • Series Title: 42 Law and Philosophy Library
  • Width: 155 mm


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