The Nature of the Common Law and the Comparative Study of Legal Reasoning

Hohmann, Hanns

doi:10.2307/840258

Cited by 6 publications

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“…© Blackwell Publishing Ltd 2005.12 It might be noted here that stasis theory had its origins in the study of legal argumentation(Hohmann 1989;1990).…”

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confidence: 97%

“…Logic sees rhetoric as having no concern for truth, while rhetoric sees logic as abstract and useless for persuasion. It has proved hard to reconcile the two disciplines, even though Aristotle saw them as functionally connected (Hohmann 1990). It will be argued that the key to making the transition is the notion of dialectical relevance, as analyzed in recent work on argumentation (Walton 2002).…”

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confidence: 99%

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An Automated System for Argument Invention in Law Using Argumentation and Heuristic Search Procedures*

Walton¹

2005

Ratio Juris

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Abstract. A heuristic search procedure for inventing legal arguments is built on two tools already widely in use in argumentation. Argumentation schemes are forms of argument representing premise-conclusion and inference structures of common types of arguments. Schemes especially useful in law represent defeasible arguments, like argument from expert opinion. Argument diagramming is a visualization tool used to display a chain of connected arguments linked together. One such tool, Araucaria, available free at http://araucaria.computing.dundee.ac.uk/, helps a user display an argument on the computer screen as an inverted tree structure with an ultimate conclusion as the root of the tree. These argumentation tools are applicable to analyzing a mass of evidence in a case at trial, in a manner already known in law using heuristic methods (Schum 1994) and Wigmore diagrams (Wigmore 1931). In this paper it is shown how they can be automated and applied to the task of inventing legal arguments. One important application is to proof construction in trial preparation (Palmer 2003).

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“…© Blackwell Publishing Ltd 2005.12 It might be noted here that stasis theory had its origins in the study of legal argumentation(Hohmann 1989;1990).…”

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confidence: 97%

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confidence: 99%