Dialogues about the burden of proof

Henry Prakken, Chris Reed, Douglas Walton

    Research output: Chapter in Book/Report/Conference proceedingConference contribution

    39 Citations (Scopus)

    Abstract

    This paper analyses the phenomenon of a shift of the burden of proof in legal persuasion dialogues. Some sample dialogues are analysed of types of situations where such a shift may occur, viz. reasoning with defeasible rules, reasoning with argumentation schemes and reasoning with mere presumptions. 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 dialogues about the burden of proof. It is also shown that dialogues about the burden of proof are often implicitly about the precise form of the rules used in an argument.
    Original languageEnglish
    Title of host publicationICAIL '05
    Subtitle of host publicationProceedings of the 10th international conference on Artificial intelligence and law
    Place of PublicationNew York, N.Y.
    PublisherAssociation for Computing Machinery
    Pages115-124
    Number of pages10
    ISBN (Print)9781595930811
    DOIs
    Publication statusPublished - 2005
    EventICAIL 10th International Conference on Artificial Intelligence and Law - Bologna, Italy
    Duration: 6 Jun 200511 Jun 2005

    Conference

    ConferenceICAIL 10th International Conference on Artificial Intelligence and Law
    CountryItaly
    CityBologna
    Period6/06/0511/06/05

    Fingerprint

    Burden of Proof
    Persuasion
    Argumentation Schemes
    Dispute
    Presumption

    Cite this

    Prakken, H., Reed, C., & Walton, D. (2005). Dialogues about the burden of proof. In ICAIL '05: Proceedings of the 10th international conference on Artificial intelligence and law (pp. 115-124). New York, N.Y.: Association for Computing Machinery. https://doi.org/10.1145/1165485.1165503
    Prakken, Henry ; Reed, Chris ; Walton, Douglas. / Dialogues about the burden of proof. ICAIL '05: Proceedings of the 10th international conference on Artificial intelligence and law. New York, N.Y. : Association for Computing Machinery, 2005. pp. 115-124
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    Prakken, H, Reed, C & Walton, D 2005, Dialogues about the burden of proof. in ICAIL '05: Proceedings of the 10th international conference on Artificial intelligence and law. Association for Computing Machinery, New York, N.Y., pp. 115-124, ICAIL 10th International Conference on Artificial Intelligence and Law , Bologna, Italy, 6/06/05. https://doi.org/10.1145/1165485.1165503

    Dialogues about the burden of proof. / Prakken, Henry; Reed, Chris; Walton, Douglas.

    ICAIL '05: Proceedings of the 10th international conference on Artificial intelligence and law. New York, N.Y. : Association for Computing Machinery, 2005. p. 115-124.

    Research output: Chapter in Book/Report/Conference proceedingConference contribution

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    AB - This paper analyses the phenomenon of a shift of the burden of proof in legal persuasion dialogues. Some sample dialogues are analysed of types of situations where such a shift may occur, viz. reasoning with defeasible rules, reasoning with argumentation schemes and reasoning with mere presumptions. 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 dialogues about the burden of proof. It is also shown that dialogues about the burden of proof are often implicitly about the precise form of the rules used in an argument.

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    Prakken H, Reed C, Walton D. Dialogues about the burden of proof. In ICAIL '05: Proceedings of the 10th international conference on Artificial intelligence and law. New York, N.Y.: Association for Computing Machinery. 2005. p. 115-124 https://doi.org/10.1145/1165485.1165503