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This paper describes an approach to legal logic based on the formal analysis of argumentation schemes. Argumentation schemes-a notion borrowed from the field of argumentation theory-are a kind of generalized rules of inference, in the sense that they express that given certain premises a particular conclusion can be drawn. However, argumentation schemes(More)
Assumptions are often not considered to be definitely true, but only as prima facie justified. When an assumption is prima facie justified, there can for instance be a reason against it, by which the assumption is not actually justified. The assumption is then said to be defeated. This requires a revision of the standard conception of logical interpretation(More)
This paper presents a theory of reasoning with evidence in order to determine the facts in a criminal case. The focus is on the process of proof, in which the facts of the case are determined, rather than on related legal issues, such as the admissibility of evidence. In the literature, two approaches to reasoning with evidence can be distinguished, one(More)
In the law, it is generally acknowledged that there are intuitive differences between reasoning with rules and reasoning with principles. For instance, a rule seems to lead directly to its conclusion if its condition is satisfied, while a principle seems to lead merely to a reason for its conclusion. However, the implications of these intuitive differences(More)
In the present paper, an approach to the formal modeling of legal decision making is proposed. It is presented in reply to a critique of two major existing approaches. The critique reveals topics that these approaches treat confusingly or fail to address at all. The topics concern their philosophical and technical underpinnings, their empirical adequacy and(More)
Solving the first of these two drawbacks has led to a new graphical representation of the arguments, in which argument attacks are shown, and to a change in the argumentation theory, viz. the introduction of a novel notion of an argument, viz. that of a <italic>dialectical</italic> argument. Briefly, a dialectical argument is an argument in which attacks(More)
In the present paper, we provide a formalised version of a merged argumentative and story-based approach towards the analysis of evidence. As an application, we are able to show how our approach sheds new light on inference to the best explanation with case evidence. More specifically, it will be clarified how the events in a case story that are considered(More)