A Default-Logic Paradigm for Legal Reasoning and Factfinding

46 Pages Posted: 17 Jun 2006

See all articles by Vern R. Walker

Vern R. Walker

Hofstra University - Maurice A. Deane School of Law

Date Written: June 2006

Abstract

Unlike research in linguistics and artificial intelligence, legal research has not used advances in logical theory very effectively. This article uses default logic to develop a paradigm for analyzing all aspects of legal reasoning, including factfinding. The article provides a formal model that integrates legal rules and policies with the evaluation of both expert and non-expert evidence - whether the reasoning occurs in courts or administrative agencies, and whether in domestic, foreign, or international legal systems. This paradigm can standardize the representation of legal reasoning, guide empirical research into the dynamics of such reasoning, and put the representations and research results to immediate use through artificial intelligence software. This new model therefore has the potential to transform legal practice and legal education, as well as legal theory.

Keywords: Logic, legal reasoning, legal rules, artificial intelligence, factfinding, evidence, plausibility, procedural rules

Suggested Citation

Walker, Vern R., A Default-Logic Paradigm for Legal Reasoning and Factfinding (June 2006). Hofstra Univ. Legal Studies Research Paper No. 06-14, Available at SSRN: https://ssrn.com/abstract=908626 or http://dx.doi.org/10.2139/ssrn.908626

Vern R. Walker (Contact Author)

Hofstra University - Maurice A. Deane School of Law ( email )

121 Hofstra University
Hempstead, NY 11549
United States

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