DiaLaw – On Legal Justification and Dialogical Models of Argumentation
- A. R. Lodder
The above quote can be found on p. 207 of Acts of Arguing. In AI and Law, the logical perspective has always played an important role, and the dialectical perspective has gained growing attention over the last 10 years. Although Perelman and Olbrechts-Tyteca’s The New Rhetoric is an often quoted source, so far the rhetorical perspective has not received that much attention in AI and Law. In rhetoric, a key concept is the audience the argumentation is directed towards. I might not be the most critical audience for Acts of Arguing, since I am convinced of the importance of rhetoric in argumentation, as for example the back cover of (Lodder 1999) illustrates: “Therefore, DiaLaw also deals with the rhetorical, psychological aspects of argument”. However, agreement about the message does not necessarily mean agreement about the way the message is brought. Moreover, this review is directed towards the readers of AI and Law, and might be considered as an attempt to convince those readers of the significance of rhetorical models.