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Burden of proof in dialogue games and Dutch civil procedure

Ronald E. Leenes
2001 Proceedings of the 8th international conference on Artificial intelligence and law - ICAIL '01  
Many of these legal dialogue systems are fairly simple, in some respects even too simple. Among the topics dialogue games can improve on, is the division of the burden of proof.  ...  In this paper I discuss some legal dialogue games in the light of an actual legal procedure to show the shortcomings of these models.  ...  A catalogue of the default burden of proof for the statutory provisions in the Dutch Civil Code could be used by the dialogue game to monitor and distribute the burden of proof in the dialogue game.  ... 
doi:10.1145/383535.383549 dblp:conf/icail/Leenes01 fatcat:w3yip4iwnbdhtktphcfut3d5qe

Formalising ordinary legal disputes: a case study

Henry Prakken
2008 Artificial Intelligence and Law  
This paper presents a formal reconstruction of a Dutch civil legal case in Prakken's formal model of adjudication dialogues.  ...  The goal of this formalisation is twofold: to test whether AI & law models of legal dialogues in general, and Prakken's model in particular, are suitable for modelling particular legal procedures; and  ...  procedure (in our case study Dutch civil procedure).  ... 
doi:10.1007/s10506-008-9069-1 fatcat:w2muza456raxtauoiuz2ssbtcu

A formal model of adjudication dialogues

Henry Prakken
2008 Artificial Intelligence and Law  
The model allows for explicit decisions on admissibility of evidence and burden of proof by the adjudicator in the argumentation phase.  ...  This article presents a formal dialogue game for adjudication dialogues.  ...  I thank Tom Gordon, Chris Reed, Giovanni Sartor, Burkhard Schäfer and Doug Walton for useful discussions on the various aspects of burden of proof.  ... 
doi:10.1007/s10506-008-9066-4 fatcat:dodkaqljerdhfftotv2blznazy

Formalising Arguments About the Burden of Persuasion

Henry Prakken, Giovanni Sartor
2007 Social Science Research Network  
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.  ...  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.  ...  By contrast, in civil cases often the burden of persuasion holds for an exception also: for instance, in Dutch and Italian law insanity at the time of accepting an offer is an exception to the rule that  ... 
doi:10.2139/ssrn.998206 fatcat:x6fa5ozmr5fqfewnpmh6hyo5ve

Formalising arguments about the burden of persuasion

Henry Prakken, Giovanni Sartor
2007 Proceedings of the 11th international conference on Artificial intelligence and law - ICAIL '07  
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.  ...  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.  ...  By contrast, in civil cases often the burden of persuasion holds for an exception also: for instance, in Dutch and Italian law insanity at the time of accepting an offer is an exception to the rule that  ... 
doi:10.1145/1276318.1276338 dblp:conf/icail/PrakkenS07 fatcat:haztf25kwrdhtlibtf72jozt5u

Dialogues about the burden of proof

Henry Prakken, Chris Reed, Douglas Walton
2005 Proceedings of the 10th international conference on Artificial intelligence and law - ICAIL '05  
It is argued that whether a shift in the burden of proof occurs can itself become the subject of dispute and it is shown how a dialogue game protocol for persuasion can be extended to let it regulate persuasion  ...  This paper analyses the phenomenon of a shift of the burden of proof in legal persuasion dialogues.  ...  For example, if in a civil case plaintiff provides evidence in the form of an affidavit, then according to Dutch civil procedure the content of the affidavit is presumed true unless the defendant proves  ... 
doi:10.1145/1165485.1165503 dblp:conf/icail/PrakkenRW05 fatcat:2jwhjlnftve4thgss42snnleze

Presumptions and Burdens of Proof

Henry Prakken, Giovanni Sartor
2006 Social Science Research Network  
Presumptions are modelled as default rules and their effect on the burden of proof is defined in terms of a distinction between the burden of production, the burden of persuasion and the tactical burden  ...  This paper studies the logical modelling of presumptions and their effects on the burden of proof.  ...  This argument game is sound and complete with respect to grounded semantics. In this paper we assume that the exchange of arguments in a dispute is regulated by some legal procedure.  ... 
doi:10.2139/ssrn.963761 fatcat:j4yg27szjjhlriqs6gov4jyvfq

The Carneades model of argument and burden of proof

Thomas F. Gordon, Henry Prakken, Douglas Walton
2007 Artificial Intelligence  
Useful for modeling legal dialogues, the burden of production and burden of persuasion can be handled separately, with a different responsible party and applicable proof standard for each.  ...  Our approach allows the burden of proof for a premise to be assigned to a different party than the one who has the burden of proving the conclusion of the argument, and also to change the burden of proof  ...  Doug Walton was supported by a grant (410-2005-0398) from the Social Sciences and Humanities Research Council of Canada for a project on Dialogue Systems for Argumentation in Artificial Intelligence and  ... 
doi:10.1016/j.artint.2007.04.010 fatcat:bynufnquxzab5lfraqj6pvdnee

Argumentation in Legal Reasoning [chapter]

Trevor Bench-Capon, Henry Prakken, Giovanni Sartor
2009 Argumentation in Artificial Intelligence  
Such a dialogue game model of adjudication paves the way for formal models of burden of proof and presumption.  ...  the burden of production, the burden of persuasion and the tactical burden of proof.  ... 
doi:10.1007/978-0-387-98197-0_18 fatcat:s6lokdsadrfzlg6y7c7qwtd7va

Metadialogues for Resolving Burden of Proof Disputes

Douglas N. Walton
2007 Argumentation: an international journal on reasoning  
In other words, it was a classic case of a dispute about burden of proof. The decision of the Dutch Supreme Court was that Holland America had the burden of proof.  ...  Prakken, Reed and Walton (2005) presented a hard case of a Dutch Supreme Court trial about the labor dispute in September, 1980 in which a shift in the burden of proof in the case become the subject of  ... 
doi:10.1007/s10503-007-9056-9 fatcat:inc3ice5tzhp5ncr5ununyp6ru

The Three Faces of Defeasibility in the Law

Henry Prakken, Giovanni Sartor
2004 Ratio Juris  
In [Pra01a] the game above is refined to cope with shifts of the burden of proof.  ...  Sometimes a judge is free to assess the strength of arguments (as is the general rule in Dutch civil law).  ... 
doi:10.1111/j.0952-1917.2004.00259.x fatcat:kxhu33656rbcldiz63cqgpd6ri

Hard cases: A procedural approach

Jaap C. Hage, Ronald Leenes, Arno R. Lodder
1994 Artificial Intelligence and Law  
Moreover, we analyse an actual Dutch hard case in terms of Dialogical Reason Based Logic, to demonstrate both the possibilities and the shortcomings of this approach.  ...  In critical cases this reasoning process consists of an adversarial procedure in which several parties are involved. The course of the argument determines whether the conclusion is true or false.  ...  The work of the first author has partly been made possible by a grant of the Dutch Foundation for Knowledge Based Systems.  ... 
doi:10.1007/bf00871759 fatcat:fwrp6vggv5ccndiqfxhqrclja4

Law and logic: A review from an argumentation perspective

Henry Prakken, Giovanni Sartor
2015 Artificial Intelligence  
This also holds for the final part, which discusses formal models of legal procedure and of multi-agent interaction in legal proceedings.  ...  This includes arguing about applying statutory rules in unforeseen circumstances, interpretative reasoning in light of the facts of a case, and evidential reasoning to establish the facts of a case.  ...  A dialogue game for a legal procedure can have various outcomes.  ... 
doi:10.1016/j.artint.2015.06.005 fatcat:r3qsbixofvgrbhkm4dwpajynu4

Evidence Assessment in Refugee Law with Stories and Arguments

F.J. Bex, V.M. Bex-Reimert
2016 Informal Logic  
In this article, we aim to analyse whether a systematic meth- od for reasoning with evidence in legal cases – the hybrid theory of stories and arguments – can be ap- plied to a novel legal domain, name  ...  This analy- sis serves as a case study for testing the applicability of the hybrid theory outside of the context of criminal law.  ...  Some of the rules in a dialogue concern the burden of proof (Bex and Walton 2012, Prakken and Sartor 2011) .  ... 
doi:10.22329/il.v36i3.4723 fatcat:p75wp5gruzazfly4zads5ep634

A history of AI and Law in 50 papers: 25 years of the international conference on AI and Law

Trevor Bench-Capon, Michał Araszkiewicz, Kevin Ashley, Katie Atkinson, Floris Bex, Filipe Borges, Daniele Bourcier, Paul Bourgine, Jack G. Conrad, Enrico Francesconi, Thomas F. Gordon, Guido Governatori (+12 others)
2012 Artificial Intelligence and Law  
We provide a retrospective of 25 years of the International Conference on AI and Law, which was first held in 1987.  ...  Fifty papers have been selected from the thirteen conferences and each of them is described in a short subsection individually written by one of the 24 authors. These subsections attempt to place the  ...  Leenes (2001) presented a critical analysis of the then existing computational models of burden of proof, in procedural models of legal argumentation, in the light of the Dutch law of civil procedure.  ... 
doi:10.1007/s10506-012-9131-x fatcat:g4qgrfrwyjcphdghpqlgfarxdy
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