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Legal Facts in Argumentation-Based Litigation Games

Xiong, Minghui and Zenker, Frank LU (2017) In Argumentation p.1-15
Abstract

This paper analyzes legal fact-argumentation in the framework of the argumentation-based litigation game (ALG) by Xiong (Leg Sci 370(9):16–19, 2012). Rather than as an ontological one, an ALG treats a legal fact as a fact-qua-claim whose acceptability depends on the reasons supporting it. In constructing their facts-qua-claims, parties to an ALG must interact to maintain a game-theoretic equilibrium. We compare the general interactional constraints that the civil (a.k.a. ‘continental’) and common law systems assign, and detail what the civil, administrative, and criminal codes of mainland China require of the suitor (S), the respondent (R), and the trier (T) to establish their respective S-, R- and T-facts. We also offer an improved... (More)

This paper analyzes legal fact-argumentation in the framework of the argumentation-based litigation game (ALG) by Xiong (Leg Sci 370(9):16–19, 2012). Rather than as an ontological one, an ALG treats a legal fact as a fact-qua-claim whose acceptability depends on the reasons supporting it. In constructing their facts-qua-claims, parties to an ALG must interact to maintain a game-theoretic equilibrium. We compare the general interactional constraints that the civil (a.k.a. ‘continental’) and common law systems assign, and detail what the civil, administrative, and criminal codes of mainland China require of the suitor (S), the respondent (R), and the trier (T) to establish their respective S-, R- and T-facts. We also offer an improved version of the legal syllogism.

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author
organization
publishing date
type
Contribution to journal
publication status
epub
subject
keywords
Argumentation-based litigation game, Equilibrium, Fact-argumentation, Fact-qua-claim, Legal fact, Legal five-part argument, Legal syllogism
in
Argumentation
pages
15 pages
publisher
Springer
external identifiers
  • scopus:85029597159
ISSN
0920-427X
DOI
10.1007/s10503-017-9438-6
language
English
LU publication?
yes
id
ba7a2555-8016-40be-b266-fab5e9eae91e
date added to LUP
2017-09-29 11:03:12
date last changed
2018-01-07 12:19:58
@article{ba7a2555-8016-40be-b266-fab5e9eae91e,
  abstract     = {<p>This paper analyzes legal fact-argumentation in the framework of the argumentation-based litigation game (ALG) by Xiong (Leg Sci 370(9):16–19, 2012). Rather than as an ontological one, an ALG treats a legal fact as a fact-qua-claim whose acceptability depends on the reasons supporting it. In constructing their facts-qua-claims, parties to an ALG must interact to maintain a game-theoretic equilibrium. We compare the general interactional constraints that the civil (a.k.a. ‘continental’) and common law systems assign, and detail what the civil, administrative, and criminal codes of mainland China require of the suitor (S), the respondent (R), and the trier (T) to establish their respective S-, R- and T-facts. We also offer an improved version of the legal syllogism.</p>},
  author       = {Xiong, Minghui and Zenker, Frank},
  issn         = {0920-427X},
  keyword      = {Argumentation-based litigation game,Equilibrium,Fact-argumentation,Fact-qua-claim,Legal fact,Legal five-part argument,Legal syllogism},
  language     = {eng},
  month        = {09},
  pages        = {1--15},
  publisher    = {Springer},
  series       = {Argumentation},
  title        = {Legal Facts in Argumentation-Based Litigation Games},
  url          = {http://dx.doi.org/10.1007/s10503-017-9438-6},
  year         = {2017},
}