The Dynamics of Judical Proof

by Maccrimmon, Marilyn T.; Tillers, Peter

• ISBN13: 9783790814590
• ISBN10: 3790814598
• Format: Hardcover
• Copyright: 2002-06-01
• Publisher: Physica Verlag

Summary

Fact finding in judicial proceedings is a dynamic process. This collection of papers considers whether computational methods or other formal logical methods developed in disciplines such as artificial intelligence, decision theory, and probability theory can facilitate the study and management of dynamic evidentiary and inferential processes in litigation. The papers gathered here have several epicenters, including (i) the dynamics of judicial proof, (ii) the relationship between artificial intelligence or formal analysis and "common sense," (iii) the logic of factual inference, including (a) the relationship between causality and inference and (b) the relationship between language and factual inference, (iv) the logic of discovery, including the role of abduction and serendipity in the process of investigation and proof of factual matters, and (v) the relationship between decision and inference.

Table of Contents

Notes on Contributors	xi
Acknowledgments	xix
Introduction
Making Sense of the Process of Proof in Litigation	3	(18)
Peter Tillers
Part One: Common Sense Reasoning
Artificial Intelligence, Mindreading, and Reasoning in Law	21	(22)
John A. Barnden
Donald M. Peterson
Common Sense, Rationality and the Legal Process	43	(12)
Ronald J. Allen
What Is ``Common'' about Common Sense? Cautionary Tales for Travelers Crossing Disciplinary Boundaries	55	(26)
Marilyn MacCrimmon
Part Two: Fuzzy and Rough Logic
From Computing with Numbers to Computing with Words: From Manipulation of Measurements to Manipulation of Perceptions	81	(38)
Lotfi A. Zadeh
Fuzzy Logic and Its Application to Legal Reasoning- A Comment to Professor Zadeh	119	(16)
Ron A. Shapira
A Primer on Rough Sets: A New Approach to Drawing Conclusions from Data	135	(10)
Zdzislaw Pawlak
Part Three: The Structure of Factual Inference in Judicial Settings
Alternative Views of Argument Construction from a Mass of Evidence	145	(34)
David A. Schum
Explaining Relevance	179	(18)
Paolo Garbolino
Theories of Uncertainty: Explaining the Possible Sources of Error in Inferences	197	(40)
Vern R. Walker
Models of Data Generation vs. Models of Events that Generate Data	237	(6)
Ward Edwards
Part Four: Dynamic Inference and Choice in Dynamic Environments
Action and Procedure in Reasoning	243	(18)
Johan van Benthem
Decision Analysis and Law	261	(12)
Ronald A. Howard
Part Five: Abductive Inference
Serendipity and Abduction in Proofs, Presumptions and Emerging Laws	273	(14)
Pek van Andel
Daniele Bourcier
On the Proof Dynamics of Inference to the Best Explanation	287	(20)
John R. Josephson
Species of Abductive Reasoning in Fact Investigation in Law	307	(30)
David A. Schum
Abductive Reasoning in Law: Taxonomy and Inference to the Best Explanation	337	(8)
Kola Abimbola
Part Six: From Theory to Practice: ``Intelligent'' Procedures for Drawing Inferences in Static and Dynamic Legal Environments
Computational Inference for Evidential Reasoning in Support of Judicial Proof	345	(40)
Tod S. Levitt
Kathryn Blackmond Laskey
Logical Argumentation, Abduction and Bayesian Decision Theory: A Bayesian Approach to Logical Arguments and Its Application to Legal Evidential Reasoning	385	(12)
David Poole
Structured Deliberation for Dynamic Uncertain Inference	397	(22)
Paul Snow
Marianne Belis
Part Seven: Judicial Proof and Economic Rationality
Saving Desdemona	419	(18)
Ron A. Shapira
Othello Could Not Optimize: Economics, Hearsay, and Less Adversary Systems	437	(20)
Craig R. Callen
Part Eight: Causality
Causality and Responsibility	457	(22)
Glenn Shafer
Liability for Increased Risk of Harm: A Lawyer's Response to Professor Shafer	479
Melanie B. Leslie