Bayesian networks (BN) and argumentation diagrams (AD) are two predominant approaches to legal evidential reasoning, that are often treated as alternatives to one another. This paper argues that they are, instead, complimentary and proposes the beginnings of a method to employ them in such a manner. The Bayesian approach tends to be used as a means to analyse the findings of forensic scientists. As such, it constitutes a means to perform evidential reasoning. The design of Bayesian networks that accurately and (...) comprehensively represent the relationships between investigative hypotheses and evidence remains difficult and sometimes contentious, however. Argumentation diagrams are representations of reasoning, and are used as a means to scrutinise reasoning (among other applications). In evidential reasoning, they tend to be used to represent and scrutinise the way humans reason about evidence. This paper examines how argumentation diagrams can be used to scrutinise Bayesian evidential reasoning by developing a method to extract argument diagrams from BN. (shrink)

Norms provide a valuable mechanism for establishing coherent cooperative behaviour in decentralised systems in which there is no central authority. One of the most influential formulations of norm emergence was proposed by Axelrod :1095–1111, 1986). This paper provides an empirical analysis of aspects of Axelrod’s approach, by exploring some of the key assumptions made in previous evaluations of the model. We explore the dynamics of norm emergence and the occurrence of norm collapse when applying the model over extended durations. It (...) is this phenomenon of norm collapse that can motivate the emergence of a central authority to enforce laws and so preserve the norms, rather than relying on individuals to punish defection. Our findings identify characteristics that significantly influence norm establishment using Axelrod’s formulation, but are likely to be of importance for norm establishment more generally. Moreover, Axelrod’s model suffers from significant limitations in assuming that private strategies of individuals are available to others, and that agents are omniscient in being aware of all norm violations and punishments. Because this is an unreasonable expectation, the approach does not lend itself to modelling real-world systems such as online networks or electronic markets. In response, the paper proposes alternatives to Axelrod’s model, by replacing the evolutionary approach, enabling agents to learn, and by restricting the metapunishment of agents to cases where the original defection is observed, in order to be able to apply the model to real-world domains. This work can also help explain the formation of a “social contract” to legitimate enforcement by a central authority. (shrink)

When the likelihood ratio approach is employed for evidential reasoning in law, it is often necessary to employ subjective probabilities, which are probabilities derived from the opinions and judgement of a human. At least three concerns arise from the use of subjective probabilities in legal applications. Firstly, human beliefs concerning probabilities can be vague, ambiguous and inaccurate. Secondly, the impact of this vagueness, ambiguity and inaccuracy on the outcome of a probabilistic analysis is not necessarily fully understood. Thirdly, the provenance (...) of subjective probabilities and the associated potential sources of vagueness, ambiguity and inaccuracy tend to be poorly understood, making it difficult for the outcome of probabilistic reasoning to be explained and validated, which is crucial in legal applications. The former two concerns have been addressed by a wide body of research in AI. The latter, however, has received little attention. This paper presents a novel approach to employ argumentation to reason about probability distributions in probabilistic models. It introduces a range of argumentation schemes and corresponding sets of critical questions for the construction and validation of argument models that define sets of probability distributions. By means of an extended example, the paper demonstrates how the approach, argumentation schemes and critical questions can be employed for the development of models and their validation in legal applications of the likelihood ratio approach to evidential reasoning. (shrink)