2,081 research outputs found
Formalising arguments about the burden of persuasion.
No full textThis paper presents an argument-based logic for reasoning about allocations of the burden of persuasion. The logic extends the system of Prakken (2001), which in turn modified the system of Prakken & Sartor (1996) with the possibility to distribute the burden of proof over both sides in an argument game. First the (2001) system is put in the context of a distinction of three types of proof burdens and it is argued that the proof burdens of that system are in fact burdens of persuasion. Then the (2001) system is modified to allow for defeasible reasoning about allocations of such burdens within the logic. The usefulness of the resulting system is illustrated with applications to real legal cases.
Stable normative explanations : from argumentation to deontic logic
No full textPublished online: 24 September 2023This paper reconstructs in the context of formal argumentation the notion of stable explanation developed elsewhere in Defeasible Logic. With this done, we discuss the deontic meaning of this notion and show how to build from argumentation neighborhood structures for deontic logic where a stable explanation can be characterised.Antonino Rotolo and Giovanni Sartor were partially supported by the Project PE01 “Future AI Research” (FAIR, PNRR, CUP: J33C22002830006)
Concepts in Law and in Knowledge Representation: Inferential Links vs Conceptual Hierarchies
No full textI shall compare two views of legal concepts: as nodes in inferential nets and as categories in an ontology (a conceptual architecture). Firstly, I shall introduce the inferential approach, consider its implications, and distinguish the mere possession of an inferentially defined concept from its endorsement, which also involves the acceptance of the concept’s constitutive inferences. For making this distinction, I shall combine the inferential and eliminative analysis of legal concepts proposed by Alf Ross with the views of theoretical concepts in science advanced by Frank Ramsey and Rudolf Carnap. Then, I shall consider how concepts can be characterised by defining the corresponding terms and placing them within an ontology.
Finally, I shall argue that there is a tension between the inferential and the ontological approach, but that both need to be taken into account, to capture the meaning and the cognitive function of legal concept
A sufficientist approach to reasonabless in legal decision-making and judicial review
No full textI shall argue for a sufficientist understanding of reasonableness in legal decision-making: cognitive or moral optimality are not required for reasonableness; what needed is just that a determination—be it epistemic or practical—is sufficiently good (acceptable, or at least not unacceptable). Correspondingly, judicial review on the ground of unreasonableness requires more than mere suboptimality: it requires failure to achieve the reasonableness threshold.
To develop this idea, I shall first analyse the notions of rationality and reasonableness, examining the role they play in cognition. I shall then consider rationality in legal (and in particular legislative) decision-making, focusing on teleological reasoning. I shall consequently develop an idea of sufficientist reasonableness, by combining the idea of bounded rationality with the idea of deference, as required by institutional coordination in the legal process. Finally, I shall consider when a legislative determination can be considered irrational or unreasonable, and how this is related to the violation of constitutional requirements
Fiducia e diritto nella società dell'informazione
No full textRaccolta di saggi e testi scritti o curati nell’ambito del Progetto di Rilevante Interesse Nazionale (ex progetti quota 40%) dall'omonimo titolo coordinato dal Prof. Giovanni Sartor dell'Università di Bologna.
Alla ricerca hanno partecipato le Università di
Bologna (CIRSFID), Modena e Reggio Emilia (Dipartimento di Ingegneria dell'Informazione), di Siena (Dipartimento di Scienze della
Comunicazione), Università di Trento (Dipartimento di Scienze Giuridiche)
The Nature of Legal Concepts: Inferential Nodes or Ontological Categories?
No full textI shall compare two views of legal concepts: as nodes in inferential nets and as categories in an ontology
(a conceptual architecture). Firstly, I shall introduce the inferential approach, consider its implications,
and distinguish the mere possession of an inferentially defined concept from its endorsement, which also
involves the acceptance of the concept’s constitutive inferences. For making this distinction, I shall combine
the inferential and eliminative analysis of legal concepts proposed by Alf Ross with the views of
theoretical concepts in science advanced by Frank Ramsey and Rudolf Carnap. Then, I shall consider how
concepts can be characterised by defining the corresponding terms and placing them within an ontology.
Finally, I shall argue that there is a tension between the inferential and the ontological approach, but that
both need to be taken into account, to capture the meaning and the cognitive function of legal concepts
More on presumptions and burdens of proof
No full textThis paper extends our previous logical analysis of presumptions and burden of proof by studying the force of a presumption once counterevidence has been offered. In the jurisprudential literature different accounts of this issue have been given: some have argued that a presumption is nullified by counterarguments while others have maintained that this gives presumptions a force that is too slight. We argue that these differences largely are not a matter of logic but of legal policy, and we show how the various accounts can be logically formalised.
Internet e il diritto
No full textCom'è noto, il tentativo di governare Internet è stato oggetto di numerose critiche, concernenti non solo la concreta fattibilità, ma anche l'opportunità e leggitimità della disciplina giuridica della rete. Il capitolo esamina il ruolo del diritto nel governo del Internet
Legislative Information and the Web
No full textIn the present section we will put the issue of the management of parliamentary information in a broader context, namely, in the context of the present trends in the provision of legal information. We shall then focus on the opportunities and challenges related to the emergence of the semantic Web
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