Visualizing the dynamics around the ruleevidence interface in legal reasoning

Author: Walker, Vern R.

Source: Law, Probability and Risk, Volume 6, Numbers 1-4, 10 October 2007 , pp. 5-22(18)

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Abstract:

This paper presents a visual framework for modelling complex legal reasoningreasoning that integrates legal rules and policies with expert and non-expert evidence. The framework is based on a many-valued, predicate, default logic. The paper first visualizes the two sides of the ruleevidence interface: rule-based deductions and evidence evaluation. It then explores ways to visualize several dynamics around that interface, including dynamics concerning evidentiary relevance, findings of fact, process decision making about motions, policy-based reasoning about rules and relevant-factor reasoning. The paper then concludes with visualizing dynamics across multiple cases and briefly discusses one pathway by which new legal rules might emerge from the factfinding process. The paper therefore presents a visual working environment for people who litigate or decide actual cases, who study judicial or administrative reasoning or who teach law.

Keywords: default logic; many-valued logic; predicate logic; legal reasoning; visualization; graphical representation; rule-based reasoning; factfinding; evidence evaluation; policy-based reasoning; relevant-factor reasoning

Document Type: Research article

DOI: http://dx.doi.org/10.1093/lpr/mgm015

Publication date: 2007-10-10

More about this publication?

The journal publishes papers that deal with topics on the interface of law and probabilistic reasoning. These are interpreted broadly to include aspects relevant to the interpretation of scientific evidence, the assessment of uncertainty and the assessment of risk. The readership is primarily academic lawyers, mathematicians, statisticians and social scientists with interests in quantitative reasoning.