Legal shifts in the process of proof

Floris Bex, Bart Verheij

    Research output: Chapter in Book/Report/Conference proceedingOther chapter contribution

    6 Citations (Scopus)

    Abstract

    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 and legal reasoning. We therefore emphasize the role of legal story schemes (as opposed to factual story schemes that formed the heart of our previous proposal). Legal story schemes steer what needs to be proven, but are also selected on the basis of what can be proven. They provide a coherent, holistic legal perspective on a criminal case that steers investigation and decision making. We present an extension of our previously proposed hybrid theory of reasoning with evidence, by making the connection with reasoning towards legal consequences. We discuss the phenomenon of legal shifts that shows that the step from evidence to (proven) facts cannot be isolated from the step from proven facts to legal consequences. We show how legal shifts can be modelled in terms of legal story schemes. Our model is illustrated by a discussion of the Dutch Wamel murder case.
    Original languageEnglish
    Title of host publicationICAIL ' 11
    Subtitle of host publicationProceedings of the International Conference on Artificial Intelligence and Law
    Place of PublicationNew York
    PublisherAssociation for Computing Machinery
    Pages11-20
    Number of pages10
    ISBN (Print)978-1-4503-0755-0
    DOIs
    Publication statusPublished - 2011

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  • Cite this

    Bex, F., & Verheij, B. (2011). Legal shifts in the process of proof. In ICAIL ' 11: Proceedings of the International Conference on Artificial Intelligence and Law (pp. 11-20). Association for Computing Machinery. https://doi.org/10.1145/2018358.2018360