DiaLaw: On Legal Justification and Dialogical Models of Argumentation: 42 (Law and Philosophy Library, 42) - Softcover

Lodder, A.R.

Softcover

ISBN 10: 1402002874 ISBN 13: 9781402002878

Publisher: Springer, 2001

Synopsis

This book is a revised version of my dissertation 'DiaLaw - on legal th justification and dialog games' that I defended on June 5 1998 at the Universiteit Maastricht. The chapters 1, 4 & 5 (now: 1, 5 & 6) of my dissertation have remained largely unaltered. In chapter 2 I added explicitly the distinction between constructing legal justification and reconstructing it, and tried to elucidate the differences (and similarities) between the product and process of justification. Chapter 3 is divided into two chapters: one on the general characteristics of DiaLaw (now: chapter 3), and the other on specific, legal characteristics of DiaLaw (now: chapter 4). In order to improve readability, all rules in these chapters have been rewritten considerably. The section on the implementation of DiaLaw is moved to the appendix. In chapter 7 (the former chapter 6), a discussion of the notions 'procedural' and 'structural' arguments is added, and different layers in argumentation models are discussed. Finally, in chapter 8 (the former chapter 7) is added a recapitulation of my view on legal justification, and a discussion on the future use in legal practice of dialog models that represent argumentation in a natural way. The main thesis has remained unaltered: legal justification should be modeled as a procedural, dialogical model in which not only products of argumentation are allowed, but, even in formal models, rhetorical, psychological aspects of argument are dealt with.

About this title

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)

Synopsis

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.

Edition details

• Publisher: Springer
• Publication date: 2001
• Language: English
• ISBN 10: 1402002874
• ISBN 13: 9781402002878
• Binding: Paperback
• Number of pages: 210