Synopses & Reviews
In this work it is argued that legal justification can best be studied from a procedural, dialogical point of view: legal statements are justified if the audience is convinced in an argumentative dialog. 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.
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)
Description
Includes bibliographical references (p. [185]-192) and indexes.
Table of Contents
Preface. 1. Introduction. 2. From law to DiaLaw. 3. DiaLaw. Framework and general rules. 4. DiaLaw. Special rules for communication. 5. DiaLaw in action. 6. Dialogical models of argumentation. 7. What is an argument? Properties of procedural models of argumentation. 8. In conclusion. Appendix- Prolog code of DiaLaw. References. Index of names. Index of subjects.