the good faith and fair dealing jurisprudence in contracts has due influences not only in civil law but also in common law, particularly in united states: in uniform commercial code (ucc), restatement 2nd on contracts and it’s judicial precedent. meanwhile the definitions and scope of good faith, the fields of adoption and enforcement of it in common law defers from case law. development of thi...

In the academic literature three approaches to rational legal proof are investigated, broadly speaking based, respectively on Bayesian statistics, on scenario construction and on argumentation. In this paper these approaches are discussed in light of a distinction between direct and indirect probabilistic reasoning. Direct probabilistic reasoning directly reasons from evidence to hypotheses, wh...

This game was designed to investigate protocols and strategies for resourcebounded disputation. The rules presented here correspond very closely to the problem of controlling search in an actual program. The computer program on which the game is based is LMNOP (see LouiNorman-Stiefvater-Merrill-Olson-Costello [92]). It is a LISP system designed to produce arguments and counterarguments from a s...

Attempts to apply conventional rule-based expert systems to legal problem-solving raise seemingly insurmountable obstacles. The authors analyse the key challenges of developing a legal expert system by reference to a case study of issues arising in their prototype system, the JAES project. This paper explores the advantages of exploiting three alternative approachesnamely: case-based reasoning,...

Argument extraction techniques can likely improve legal information retrieval. Any effort to achieve that goal should take into account key features of legal reasoning such as the importance of legal rules and concepts, support and attack relations among claims, and citation of authoritative sources. Annotation types reflecting these key features will help identify the roles of textual elements...

This paper aims at connecting two ideas that play a fundamental role in Robert Alexy’s theory of legal reasoning, namely, on the one hand the idea of a dialogue and on the other hand the idea of a value (a goal to be realised in the political and legal domain). In particular, I shall argue that goal-oriented (teleological) considerations can contribute to determining the structure of dialectica...