By Douglas Walton
During a up to date stopover at to China to offer an invited lecture on criminal argumentation i used to be requested a question approximately traditional opinion in western nations. If criminal r- soning is assumed to be very important through these either inside and out the criminal prof- sion, why does there seem to be so little recognition given to the research of criminal common sense? This was once a difficult query to respond to. I needed to admit there have been no huge or well-established facilities of felony common sense in North the United States that i'll suggest as locations to check. dealing with customs in Vancouver, the customs officer requested what I have been doing in China. I instructed him I have been a speaker at a conf- ence. He requested what the convention was once on. I advised him criminal good judgment. He requested 1 even if there has been any such factor. He used to be attempting to be humorous, yet i assumed he had a great element. humans will query even if there's the sort of factor as “legal logic”, and a few contemporary very famous trials supply the query a few backing within the universal opinion. yet having idea over the query of why so little consciousness seems to be given to felony common sense as a mainstream topic in western international locations, i feel I now have a solution. the answer's that we've got been taking a look within the improper place.
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Extra info for Argumentation Methods for Artificial Intelligence in Law
The first is the asking of an initial question. The second is a search through a knowledge base to try to find the data asked for in the question. The third is a setting of burden of proof that determines when the question has been answered so that further searching can be discontinued, even though it might be opened again later if the answer given is found inadequate for some practical purpose. However, the solution advocated in this book does not answer all the questions or solve all the problems currently confronting research in AI and law.
One has to prove what she claims while the other is merely a questioner. In light of these global conditions, let’s reconsider what happens with the critical questions in a given case where an argument from ignorance has been put forward. 6. Burden of Proof 19 CQ1: How far along has the search for evidence progressed? CQ2: Which side has the burden of proof in the dialogue as a whole? In other words, what is the ultimate probandum and who is supposed to prove it? CQ3: How strong does the proof need to be in order for this party to be successful in fulfilling the burden?
In negotiation, matters of truth and falsity of propositions don’t matter as much, or so centrally. What matters is the interests of each side. Often interests can be measured in financial terms, but not always. Prestige or esteem is also a subject of negotiation in some cases. At any rate, the goals and techniques of argumentation are different in negotiation dialogue than they are in persuasion dialogue. In negotiation each side makes offers and concessions in a process of bargaining. In the information-seeking type of dialogue one party lacks information and the other tries to provide it.