This paper presents a theory of reasoning with evidence in order to determine the facts in a criminal case. The focus is on the process of proof, in which the facts of the case are determined, rather than on related legal issues, such as the admissibility of evidence. In the literature, two approaches to reasoning with evidence can be distinguished, one argument-based and one story-based. In an argument-based approach to reasoning with evidence, the reasons for and against the occurrence of (...) an event, e.g., based on witness testimony, are central. In a story-based approach, evidence is evaluated and interpreted from the perspective of the factual stories as they may have occurred in a case, e.g., as they are defended by the prosecution. In this paper, we argue that both arguments and narratives are relevant and useful in the reasoning with and interpretation of evidence. Therefore, a hybrid approach is proposed and formally developed, doing justice to both the argument-based and the narrative-based perspective. By the formalization of the theory and the associated graphical representations, our proposal is the basis for the design of software developed as a tool to make sense of the evidence in complex cases. (shrink)

This paper studies the modelling of legal reasoning about evidence within general theories of defeasible reasoning and argumentation. In particular, Wigmore's method for charting evidence and its use by modern legal evidence scholars is studied in order to give a formal underpinning in terms of logics for defeasible argumentation. Two notions turn out to be crucial, viz. argumentation schemes and empirical generalisations.

Bex analyzes the case with an informal version of his hybrid theory, which combines scenario construction and argumentation. Arguments based on evidence can be used to reason about alternative scenarios. Bex claims that his hybrid theory provides the best of both worlds by combining cognitively feasible story‐based reasoning with more detailed rational argumentation. However, like the argument‐based approach, the hybrid theory does not provide a systematic account of uncertainty.

In this paper, we look at reasoning with evidence and facts in criminal cases. We show how this reasoning may be analysed in a dialectical way by means of critical questions that point to typical sources of doubt. We discuss critical questions about the evidential arguments adduced, about the narrative accounts of the facts considered, and about the way in which the arguments and narratives are connected in an analysis. Our treatment shows how two different types of knowledge, represented as (...) schemes, play a role in reasoning with evidence: argumentation schemes and story schemes. (shrink)

In this paper, we present a particular role for abductive reasoning in law by applying it in the context of an argumentation scheme for practical reasoning. We present a particular scheme, based on an established scheme for practical reasoning, that can be used to reason abductively about how an agent might have acted to reach a particular scenario, and the motivations for doing so. Plausibility here depends on a satisfactory explanation of why this particular agent followed these motivations in the (...) particular situation. The scheme is given a formal grounding in terms of action-based alternating transition systems and we illustrate the approach with a running legal example. (shrink)

In this paper, we continue our research on a hybrid narrative-argumentative approach to evidential reasoning in the law by showing the interaction between factual reasoning (providing a proof for ‘what happened’ in a case) and legal reasoning (making a decision based on the proof). First we extend the hybrid theory by making the connection with reasoning towards legal consequences. We then emphasise the role of legal stories (as opposed to the factual stories of the hybrid theory). Legal stories provide a (...) coherent, holistic legal perspective on a case. They steer what needs to be proven but are also selected on the basis of what can be proven. We show how these legal stories can be used to model a shift of the legal perspective on a case, and we discuss how gaps in a legal story can be filled using a factual story (i.e. the process of reasoning with circumstantial evidence). Our model is illustrated by a discussion of the Dutch Wamel murder case. (shrink)

Decisions concerning proof of facts in criminal law must be rational because of what is at stake, but the decision‐making process must also be cognitively feasible because of cognitive limitations, and it must obey the relevant legal–procedural constraints. In this topic three approaches to rational reasoning about evidence in criminal law are compared in light of these demands: arguments, probabilities, and scenarios. This is done in six case studies in which different authors analyze a manslaughter case from different theoretical perspectives, (...) plus four commentaries on these case studies. The aim of this topic is to obtain more insight into how the different approaches can be applied in a legal context. This will advance the discussion on rational reasoning about evidence in law and will contribute more widely to cognitive science on a number of topics, including the value of probabilistic accounts of cognition and the problem of dealing with cognitive biases in reasoning under uncertainty in practical contexts. (shrink)

We explore the computational complexity of justification, stability and relevance in incomplete argumentation frameworks (IAFs). IAFs are abstract argumentation frameworks that encode qualitative uncertainty by distinguishing between certain and uncertain arguments and attacks. These IAFs can be completed by deciding for each uncertain argument or attack whether it is present or absent. Such a completion is an abstract argumentation framework, for which it can be decided which arguments are acceptable under a given semantics. The justification status of an argument in (...) a completion then expresses whether the argument is accepted (in), not accepted because it is attacked by an accepted argument (out) or neither (undec). For a given IAF and certain argument, the justification status of that argument need not be the same in all completions. This is the issue of stability, where an argument is stable if its justification status is the same in all completions. For arguments that are not stable in an IAF, the relevance problem is of interest: which uncertain arguments or attacks should be investigated for the argument to become stable? In this paper, we define justification, stability and relevance for IAFs and provide a complexity analysis for these problems under grounded, complete, preferred and stable semantics. (shrink)

This paper outlines a multi-agent architecture for regulated information exchange of crime investigation data between police forces. Interactions between police officers about information exchange are analysed as negotiation dialogues with embedded persuasion dialogues. An architecture is then proposed consisting of two agents, a requesting agent and a responding agent, and a communication language and protocol with which these agents can interact to promote optimal information exchange while respecting the law. Finally, dialogue policies are defined for the individual agents, specifying their (...) behaviour within a negotiation. Essentially, when deciding to accept or reject an offer or to make a counteroffer, an agent first determines whether it is obligatory or permitted to perform the actions specified in the offer. If permitted but not obligatory, the agent next determines whether it is in his interest to accept the offer. (shrink)

This paper outlines a multi-agent architecture for regulated information exchange of crime investigation data between police forces. Interactions between police officers about information exchange are analysed as negotiation dialogues with embedded persuasion dialogues. An architecture is then proposed consisting of two agents, a requesting agent and a responding agent, and a communication language and protocol with which these agents can interact to promote optimal information exchange while respecting the law. Finally, dialogue policies are defined for the individual agents, specifying their (...) behaviour within a negotiation. Essentially, when deciding to accept or reject an offer or to make a counteroffer, an agent first determines whether it is obligatory or permitted to perform the actions specified in the offer. If permitted but not obligatory, the agent next determines whether it is in his interest to accept the offer. (shrink)

In this paper, we propose an argumentation formalism that allows for both deductive and abductive argumentation, where ‘deduction’ is used as an umbrella term for both defeasible and strict ‘forward’ inference. Our formalism is based on an extended version of our previously proposed information graph formalism, which provides a precise account of the interplay between deductive and abductive inference and causal and evidential information. In the current version, we consider additional types of information such as abstractions which allow domain experts (...) to be more expressive in stating their knowledge, where we identify and impose constraints on the types of inferences that may be performed with the different types of information. A new notion of attack is defined that captures a crucial aspect of abductive reasoning, namely that of competition between abductively inferred alternative explanations. Our argumentation formalism generates an abstract argumentation framework and thus allows arguments to be formally evaluated. We prove that instantiations of our argumentation formalism satisfy key rationality postulates. (shrink)

Stories can be powerful argumentative vehicles, and they are often used to present arguments from analogy, most notably as parables, fables or allegories where the story invites the hearer to infer an important claim of the argument. Case Based Reasoning in Law has many similar features: the current case is compared to previously decided cases, and in case the similarity between the previous and current cases is deemed sufficient, a similar conclusion can be drawn for the current case. In this (...) article, we want to take a further step towards computationally modelling the connection between stories and argumentation in analogical reasoning. We show how story schemes can be used to investigate and determine story similarity, and how the point of a story – that is, the conclusion that the storyteller intends the hearer to draw – can be likened to the ratio decidendi in a legal case. Finally, we present some formal tools for modelling stories based on computational models of practical reasoning. (shrink)

Goal-oriented requirements modeling approaches aim to capture the intentions of the stakeholders involved in the development of an information system as goals and tasks. The process of constructing such goal models usually involves discussions between a requirements engineer and a group of stakeholders. Not all the arguments in such discussions can be captured as goals or tasks: e.g., the discussion whether to accept or reject a certain goal and the rationale for acceptance or rejection cannot be captured in goal models. (...) In this paper, we apply techniques from computational argumentation to a goal modeling approach by using a coding analysis in which stakeholders discuss requirements for a Traffic Simulator. We combine a simplified version of a traditional goal model, the Goal-oriented Requirements Language, with ideas from argumentation on schemes for practical reasoning into a new framework. RationalGRL provides a formal semantics and tool support to capture the discussions and outcomes of the argumentation process that leads to a goal model. We also define the RationalGRL development process to create a RationalGRL model. (shrink)

Doug Walton, who died in January 2020, was a prolific author whose work in informal logic and argumentation had a profound influence on Artificial Intelligence, including Artificial Intelligence and Law. He was also very interested in interdisciplinary work, and a frequent and generous collaborator. In this paper seven leading researchers in AI and Law, all past programme chairs of the International Conference on AI and Law who have worked with him, describe his influence on their work.

The first issue of Artificial Intelligence and Law journal was published in 1992. This paper provides commentaries on nine significant papers drawn from the Journal’s second decade. Four of the papers relate to reasoning with legal cases, introducing contextual considerations, predicting outcomes on the basis of natural language descriptions of the cases, comparing different ways of representing cases, and formalising precedential reasoning. One introduces a method of analysing arguments that was to become very widely used in AI and Law, namely (...) argumentation schemes. Two relate to ontologies for the representation of legal concepts and two take advantage of the increasing availability of legal corpora in this decade, to automate document summarisation and for the mining of arguments. (shrink)

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 paper discussed in the context of the development of AI and Law, while often offering some personal reactions and reflections. As a whole, the subsections build into (...) a history of the last quarter century of the field, and provide some insights into where it has come from, where it is now, and where it might go. (shrink)

This paper studies the modelling of legal reasoning about evidence within general theories of defeasible reasoning and argumentation. In particular, Wigmore's method for charting evidence and its use by modern legal evidence scholars is studied in order to give a formal underpinning in terms of logics for defeasible argumentation. Two notions turn out to be crucial, viz. argumentation schemes and empirical generalisations.

In classical logic, the proposition expressed by a sentence is construed as a set of possible worlds, capturing the informative content of the sentence. However, sentences in natural language are not only used to provide information, but also to request information. Thus, natural language semantics requires a logical framework whose notion of meaning does not only embody informative content, but also inquisitive content. This paper develops the algebraic foundations for such a framework. We argue that propositions, in order to embody (...) both informative and inquisitive content in a satisfactory way, should be defined as non-empty, downward closed sets of possibilities, where each possibility in turn is a set of possible worlds. We define a natural entailment order over such propositions, capturing when one proposition is at least as informative and inquisitive as another, and we show that this entailment order gives rise to a complete Heyting algebra, with meet, join, and relative pseudo-complement operators. Just as in classical logic, these semantic operators are then associated with the logical constants in a first-order language. We explore the logical properties of the resulting system and discuss its significance for natural language semantics. We show that the system essentially coincides with the simplest and most well-understood existing implementation of inquisitive semantics, and that its treatment of disjunction and existentials also concurs with recent work in alternative semantics. Thus, our algebraic considerations do not lead to a wholly new treatment of the logical constants, but rather provide more solid foundations for some of the existing proposals. (shrink)

This paper provides a complete characterization of epistemic models in which distributed knowledge complies with the principle of full communication (van der Hoek et al., 1999; Gerbrandy, 1999). It also introduces an extended notion of bisimulation and corresponding model comparison games that match the expressive power of distributed knowledge operators.

This short paper describes a perspective on questions which does not view wh-words as existential quantifiers or as expressions introducing a quantificational domain, but rather as indeterminate referential expressions (Dotlačil and Roelofsen 2019). The proposal is programmatic in nature, and several aspects of it remain to be worked out in greater detail. I argue, however, that it has several potential benefits, including a principled account of weak and strong question interpretations, a uniform analysis of single-wh and multiple-wh questions, and an (...) account of the typologically widespread similarity between interrogative and indefinite pronouns which, unlike previous approaches, can explain the observation that if a language contains interrogative and indefinite pronouns which are similar in form but non-identical (e.g., where and somewhere), the indefinite pronouns are always morphologically more complex than the interrogative pronouns, and never the other way around (Haspelmath 1997). The tentative proposal is that an interrogative pronoun involves complete indeterminacy in the sense that it does not only leave open what its referential value is but also whether it has a referential value at all. For instance, where is completely indeterminate, permitting lack of a referential value. The ‘some’ in somewhere eliminates this possibility and thereby exerts existential force. (shrink)

This book provides a novel formulation and defence of moral error theory. It also provides a novel solution to the so-called now what question; viz., the question what we should do with our moral thought and talk after moral error theory. The novel formulation of moral error theory uses pragmatic presupposition rather than conceptual entailment to argue that moral judgments carry a non-negotiable commitment to categorical moral reasons. The new answer to the now what question is pragmatic presupposition substitutionism: we (...) should substitute our current moral judgments, which pragmatically presuppose the existence of categorical moral reasons with ‘schmoral’ judgments that pragmatically presuppose the existence of a specific class of prudential reasons. These are prudential reasons that, when we act on them, contribute to the satisfaction of what the author calls ‘the fundamental desire’; namely, the desire to live in a world with mutually beneficial cooperation. (shrink)

Berichte zur Wissenschaftsgeschichte, EarlyView.

This article critically examines how solidarity has been enacted in the first 2 months of the COVID-19 pandemic, mainly, but not exclusively, from a United Kingdom perspective.1 Solidaristic strategies are framed in two ways: aspirations to overcome COVID-19 ; and those that are illusory, incompatible, contradictory, and disrupting of solidaristic ideals. Solidarity can also be understood more widely from a biocentric perspective. In the context of COVID-19 a lack of biocentric solidarity points to a probable cause of the pandemic; where (...) COVID-19, harmless in bats, jumped species as a consequence of closer contact with humans. Solidarity, therefore, is not only expressed in a fight against a viral “enemy” but is also a reminder of human activity that has upset balances within ecosystems. (shrink)

The purpose of this article is not to affirm or deny particular philosophical positions, but to explore the limits of intelligibility about what post-mortem harm means, especially in the light of improper post-mortem procedures at Bristol and Alder Hey hospitals in the late 1990s. The parental claims of post-mortem harm to dead children at Alder Hey Hospital are reviewed from five different philosophical perspectives, eventually settling on a crucial difference of perspective about how we understand harm to the dead. On (...) the one hand there is the broadly 'analytical' tradition1 of thinking that predicates the notion of harm on the basis of an existing subject. Since the dead are non-existent persons, it makes little sense to view the dead as being harmed. On the other hand, there is a phenomenological perspective, where the dead, in respect to the experience of grief, are existentially absent. This forms the basis that it is possible to harm grieving parent's experiences of how their dead are treated. The article ends with a short examination of what harming the dead implies for traditional bioethical concerns, namely, obtaining informed consent from significant others when planning medical research on the newly dead. (shrink)

Language was never studied by linguists (or philologists) alone. The greater part of the languages of the world was first known in the West through the reports of missionaries, explorers, and colonial administrators, and what they documented reflected their specific interests. Missionaries wrote catechisms, primers, dictionaries, and Bible translations (especially Lord's Prayers); for explorers and administrators, language was one aspect among many to cover in their accounts of faraway regions. Peoples were identified by their language; toponyms served for geographic description; (...) names of plants and animals were gathered together with specimens and images of plants and animals. In this context, linguistic materials were equally described as “specimens.” This article investigates the various ways in which language material was used and conceived of as a specimen, and the global trajectories of these “specimens.” Especially the role of naturalist explorers deserves closer attention in this regard. What they did, throughout the late 18th and 19th century, was gathering language material as one kind of specimen among others, Forster in the Pacific, Humboldt, Martius, and d'Orbigny in South America, and Peters in Mozambique. Two large‐scale expeditions from the mid‐19th century stand out as examples: the U.S. Exploring Expedition (1838–1842), whose collections later filled the Smithsonian Institution, and the Austrian‐Hungarian Novara expedition (1857–1859). (shrink)

Television content that contains non-stereotypical representations of ethnic minorities and models positive intercultural interactions may potentially aid in reducing the prejudices of its viewers. However, the exact effect has yet to be demonstrated. Furthermore, the cognitive mechanisms behind such an effect remain unclear. This article tests hypotheses derived from social identity theory and social learning theory that attribute this effect to the identification patterns with ingroup and outgroup characters in television drama. In an experiment, participants either watched episodes of a (...) multicultural drama or a regular soap series. Results showed that viewers of multicultural drama had lower perceptions of ethnic threat. Moreover, this effect was mediated by identification with characters, namely, increased identification with outgroup and lowered identification with ingroup characters resulting in lower ethnic threat. The results suggest that short term viewing effects are best explained with social identity theory. The implications for long term effects and the possible role of social learning are analyzed in the discussion. (shrink)

If ethical expressivism is true, then moral judgements are motivational desire-like states and do not robustly represent reality. This gives rise to the problem of how to understand moral error. How can we be mistaken if there is no moral reality to be mistaken about? The standard expressivist explanation of moral doubt is couched in terms of our fear that our judgements may not survive improvements to our epistemic situation. There is a debate between Egan :205–219, 2007), Blackburn :201–213, 2009), (...) Köhler :161–165, 2015) and Ridge :1–21, 2015) on the adequacy of this explanation when it comes to the phenomenon of fundamental moral error. This paper is my contribution to the debate. I argue, contrary to Blackburn and Ridge, that expressivism is committed to some first-order anti-realist sounding claims, and thus quasi-realism fails. If expressivism is true, none of us can coherently believe we might be fundamentally mistaken. However, contrary to Egan and Köhler, I do not think this is bad. Expressivists can still do what motivated the project of quasi-realism in the first place: they can interpret, make sense of, and vindicate ordinary moral discourse. I end by showing it yields some positive results for moral philosophers too – it effectively amounts to a transcendental argument against unhealthy moral scepticism. (shrink)