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Critical Questions In Computational Models Of Legal Argument, Douglas Walton, Thomas F. Gordon

CRRAR Publications

Two recent computational models of legal argumentation, by Verheij and Gordon respectively, have interpreted critical questions as premises of arguments that can be defeated using Pollock’s concepts of undercutters and rebuttals. Using the scheme for arguments from expert opinion as an example, this paper evaluates and compares these two models of critical questions from the perspective of argumentation theory and competing legal theories about proof standardsfor defeating presumptions. The applicable proof standard is found to be a legal issue subject to argument. Verheij’smodel is shown to have problems because the proof stan-dards it applies to different kinds of premises are …