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Law And Logic: A Review From An Argumentation Perspective

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Introduction

Law is essential to society because it promotes justice and stability while also touching many people in critical elements of their personal and professional lives. Law is a natural application field for artificial intelligence since it requires information processing, reasoning, decision making, and communication. While AI could be used in many ways in law (for example, natural-language processing to extract meaningful information from documents, datamining and machine learning to extract trends and patterns from large bodies of precedents), the fact that law is a part of society makes logic especially relevant to the law. Because law has social purposes and consequences, individuals who are touched by it must understand it, and its application must be explained and justified. As a result, the importance of clarity of meaning and solid reasoning, as well as logic for the law and legal applications of AI, cannot be overstated.

A legal case contains several components, each with its own logic: determining the facts, categorising the facts under legal concepts or criteria, and deriving legal implications from the facts thus categorised. When it comes to determining the facts, probabilistic reasoning is frequently used, and it may include reasoning about causation as well as mental dispositions like intent. Interpretation in the wide sense, i.e., the ampliative reasoning process that establishes the substance of legal norms and conceptions based on legal sources, is involved in classifying events under legal ideas.

The institutional nature of the legislation is another significant feature. Law is more than just a set of laws; it also includes institutions for enacting (legislators), applying (judges and administrators), and enforcing (police and administrators). Furthermore, legal norms do not exist in isolation, but rather as components of legal systems that contain a variety of norms. Individual behaviour is governed by some norms that establish permits, obligations, prohibitions, or privileges (e.g. a prohibition to smoke in school premises). When the prerequisites of a behavior-governing norm are met, further norms are established (e.g., a norms establishing what counts as a school premise).

Logic for resolving grammatical issues and assisting with plain writing

The assumption that logic provides a more exact and perceptive manner of conveying the content of legal rules than natural language employed by lawmakers and jurists motivates one application of logic in law. A legal analyst can define explicitly how she understands a set of

legal prescriptions by reformulating them as a collection of logical axioms, overcoming the syntactic difficulties of natural language.

As an axiomatic system, law

Logic can be used to capture the substance of a full body of legislation through a set of logical axioms, and to logically analyse the consequences of that body of law for individual circumstances, rather than focusing on a particular legislative or contractual provision, as in the normalisation approach. For this purpose, additional rules indicating when the predicates in a legal rule are satisfied (for example, defining the types of “competent officials” who can punish smokers) may be added to the rules directly conveying the content of a legal source.

Source & Reference : ScienceDirect

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