By Douglas Walton
During a contemporary stopover at to China to offer an invited lecture on felony argumentation i used to be requested a query approximately traditional opinion in western nations. If criminal r- soning is believed to be very important by way of these either in and out the felony prof- sion, why does there seem to be so little realization given to the learn of criminal good judgment? This was once a troublesome query to respond to. I needed to admit there have been no huge or well-established facilities of felony good judgment in North the USA that i'll suggest as areas to review. facing customs in Vancouver, the customs officer requested what I have been doing in China. I instructed him I were a speaker at a conf- ence. He requested what the convention was once on. I instructed him criminal common sense. He requested 1 even if there has been any such factor. He was once attempting to be humorous, yet i presumed he had an exceptional element. humans will query no matter if there's this kind of factor as “legal logic”, and a few fresh very renowned trials provide the query a few backing within the universal opinion. yet having notion 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 believe I now have a solution. the answer's that we've got been taking a look within the incorrect place.
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Additional resources for Argumentation Methods for Artificial Intelligence in Law
But for the rest of us, there is a distinction to be made between two kinds of persuasion. On the one hand, there is irrational persuasion, of the kind represented by fallacies and clever sophistical tactics of the kind we are routinely subjected to in advertising, propaganda, and public relations. On the other hand, there is rational persuasion of the kind in which a proponent uses rational arguments, with premises already accepted by a respondent, in order to try to get the respondent to accept a conclusion he has expressed doubts about.
This normative ideal would be inappropriately strong for persuasion dialogue. In persuasion dialogue, there is a need for retraction fairly often as the dialogue proceeds. In fact, it is a characteristic of the persuasion dialogue that participants need to be open to changing their opinions once they have been convinced by a good argument or by doubts raised by the other side. A real example of this normative model of inquiry would be an official government investigation into the cause of an air disaster.
Sometimes in legal argumentation global rulings clearly indicate which side has the burden of proof. For example, in a contract case, the burden is on the side that claims there is a contract to prove offer and acceptance. Suppose the plaintiff argues that she offered to sell defendant her car and that he accepted. She has to prove offer and acceptance. But suppose that defendant claims he was insane, a claim that would nullify the contract. In any legal system, the burden of proving insanity is on the defendant (Prakken, 1991, p.