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Automated argumentation mining requires an adequate type system or annotation scheme for classifying the patterns of argument that succeed or fail in a corpus of legal documents. Moreover, there must be a reliable and accurate method for classifying the arguments found in natural language legal documents. Without an adequate and operational type system, we are unlikely to reach consensus on argument corpora that can function as a gold standard. This paper reports the preliminary results of research to annotate a sample of representative judicial decisions for the reasoning of the factfinder. The decisions report whether the evidence adduced by the petitioner adequately supports the claim that a medical theory causally links some type of vaccine with various types of injuries or adverse medical conditions. This paper summarizes and discusses some patterns of reasoning that we are finding, using examples from the corpus. The pattern types and examples presented here demonstrate the difficulty of developing a type or annotation system for characterizing the logically important patterns of reasoning.
opined that she was inoperable and should be treated only with medication. Thereafter the complainant and his wife consulted the respondent, who is a consulting surgeon practising for the last 40 years. In spite of being made aware of Dr Greenberg's opinion, the respondent suggested surgery to remove the uterus. It is the case of the prosecution that the complainant and his wife agreed to the operation on the condition that it would be performed by the respondent. It is the case of the prosecution that on 22-12-1987 one Dr A.K. Mukherjee operated on the complainant's wife. It is the case of the prosecution that when the stomach was opened ascetic fluids oozed out of the abdomen. It is the case of the prosecution that Dr A.K. Mukherjee contacted the respondent who advised closing up the stomach. It is the case of the prosecution that Dr A.K. Mukherjee accordingly closed the stomach and this resulted in intestinal fistula. It is the case of the prosecution that whenever the complainant's wife ate or drank the same would come out of the wound. It is the case of the prosecution that the complainant's wife required 20/25 dressings a day for more than 3 1/2 months in the hospital and thereafter till her death. It is the case of the prosecution that the complainant's wife suffered terrible physical torture and mental agony. It is the case of the prosecution that the respondent did not once examine the complainant's wife after the operation. It is the case of the prosecution that the respondent claimed that the complainant's wife was not his patient. It is the case of the prosecution that the bill sent by Bombay Hospital belied the respondent's case that the complainant's wife was not his patient. The bill sent by Bombay Hospital showed the fees charged by the respondent. It is the case of the prosecution that the Maharashtra Medical Council has, in an inquiry, held the respondent guilty of negligence and strictly warned him. 5. On a complaint by the complainant a case under Section 338 read with Sections 109 and 114 of the Indian Penal Code was registered against the respondent and Dr A.K. Mukherjee. Process was issued by the Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai. The respondent challenged the issue of process and carried the challenge right up to this Court. The special leave petitions filed by the respondent were dismissed by this Court on 8-7-1996. This Court directed the respondent to face trial. We are told that evidence of six witnesses, including that of the complainant and the investigating officer, has been recorded. 6. On 29-6-1998 the prosecution made an application to examine Dr Greenberg through video-conferencing. The trial court allowed that application on 16-8-1999. The respondent challenged that order in the High Court. The High Court has by the impugned order allowed the criminal application filed by the respondent. Hence these two appeals.
The term reasoning is the art or science of rational thought. Man is a rational creature and in every facet of his life, he needs to master the art of logical thinking to arrive at a valid judgment or decision. In the judicial process, reasoning is also applied to resolving judicial issues.
Current practice in logic increasingly accords recognition to abductive, pre-sumptive or plausible arguments, in addition to deductive and inductive arguments. But there is uncertainty about what these terms exactly mean, what the differences between them are (if any), and how they relate. By examining some analyses of these terms and some of the history of the subject (including the views of Peirce and Carneades), this paper sets out considerations leading to a set of definitions, discusses the relationship of these three forms of argument to argumentation schemes and sets out a new argumentation scheme for abductive argument .
University of Cincinnati Law Review
Law’s Enterprise: Argumentation Schemes & Legal Analogy2019 •
Reasoning by legal analogy has been described as mystical, reframed by skeptics using the deductive syllogism, and called “no kind of reasoning at all” by Judge Posner. Arguments by legal analogy happen every day in courtrooms, law offices, and law-school classrooms, and they are the essence of what we mean when we talk of thinking like a lawyer. But we have no productive and normative theory for creating and evaluating them. Entries in the debate over the last 25 years by Professors Sunstein, Schauer, Brewer, Weinreb, and others leave us at an impasse: The ‘skeptics’ are too focused on the rational force offered by the deductive syllogism when they should attend to the kinds of arguments that can provide premises for deduction—exactly the work that legal analogy does. Meanwhile, the ‘mystics’ expect us to accept legal analogy without an account of how to discipline it. Using the argumentation schemes and critical questions of informal logic, this article constructs a theory grounded in philosophy but kitted out for action. Not skeptic or mystic, it is dynamic.
This work appraises the vexed question of the status of the evidence of an accused implicating a co-accused in the light of section 199 of the Nigerian Evidence Act 2011 and decided cases. It discusses the aim, scope, and development of the principle governing the evidence of an accused implicating a co-accused, with special emphasis on the necessity or otherwise of corroboration, a warning, and circumspection with respect to such evidence. It also discusses the divergent judicial and academic opinions expressed in that regard and concludes by making recommendations as to the best way such evidence should be treated.
This paper examines the role of history in forensic inference. It maintains that forensic reasoning has a structure that is understandable only if we pay attention to the evolution of inference in adjudication. In developing this point, a distinction is made between two types of history, and it is argued that both histories are crucial to the validity and cogency of forensic conclusions.
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International Journal of Sciences: Basic and Applied Research
How Exclusion of Recurring Expense Items are Related to the Remuneration of CEOs2015 •
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ISRA International Journal of Islamic Finance
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La burbuja residencial en Europa (2000-2015). Dimensión y tipos2018 •
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Comparison of Kato-Katz Thick Smear, Mini-FLOTAC, and Flukefinder for the Detection and Quantification of Fasciola hepatica Eggs in Artificially Spiked Human Stool2019 •
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Physical Review Letters
Cold neutron energy dependent production of ultracold neutrons in solid deuterium2007 •
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Online Laboratories in Pandemic Times: Case of Structures/Statics Using the Zeeman’s Machine