In this paper we describe a method for the specification of computationalmodels of argument using dialogue games. The method, which consists ofsupplying a set of semantic definitions for the performatives making upthe game, together with a state transition diagram, is described in full.Its use is illustrated by some examples of varying complexity, includingtwo complete specifications of particular dialogue games, Mackenzie's DC,and the authors' own TDG. The latter is also illustrated by a fully workedexample illustrating all the features of the game.

The recent debate on pragmatics and the law has found ways to circumvent an important distinction, originally drawn by Dascal and Wróblewski (1991), between the historical law-maker, the current law-maker, and the ideal/rational law-maker.1 By insisting on the relationship between the rational law-maker and contextualism and textualism (see Manning 2005, 2006), I want to redress this fault in current discussions. In this paper, I start with general considerations on pragmatics, intentionality in ordinary conversation, and intentionality in the context of judiciary (...) proceedings and legal texts. I then move on to considerations on rationality as a prerequisite for understanding the law and on the rational law-maker, an ideal construct proposed by Dascal and Wróblewski (1991). I argue that contextualism (of the moderate kind) is the best way to carry out the program by Dascal and Wróblewski on interpretation and the rational law-maker (also see considerations by Fish 2005); (on contextualism see Dascal and Weizman 1987). I argue that bearing in mind the rational law-maker postulated by Dascal and Wróblewski is a guidance to interpretation of statutes whose texts create interpretative difficulties. I conclude by saying that the considerations on the rational law-maker constitute a compromise between Scalia’s (1997) textualism and contextualism (see Manning 2005, 2006 on the divide between textualism and contextualism). (shrink)

Alessandro Capone Franco Lo Piparo Marco Carapezza Editors Perspectives on Pragmatics and Philosophy Perspectives in Pragmatics, Philosophy & Psychology Volume 1 Editor-in-Cheif Alessandro. Perspectives in Pragmatics, Philosophy ...

This article reports three experiments that investigated the relationship between working memory capacity and syllogistic and five-term series spatial inference. A series of complex and simple verbal and spatial working memory measures were employed. Correlational analyses showed that verbal and spatial working memory span tasks consistently predicted syllogistic and spatial reasoning performance. A confirmatory factor analysis showed that three factors best accounted for the data--a verbal, a spatial, and a general factor. Syllogistic reasoning performance loaded all three factors, whilst spatial (...) reasoning loaded only the general factor. The implications of these findings are discussed in the context of reasoning theories and contemporary accounts of the structure of working memory. (shrink)

The design and analysis of norms is a somewhat neglected topic in AI and Law, but this is not so in other areas of Computer Science. In recent years powerful techniques to model and analyse norms have been developed in the Multi-Agent Systems community, driven both by the practical need to regulate electronic institutions and open agent systems, and by a theoretical interest in mechanism design and normative systems. Agent based techniques often rely heavily on enforcing norms using the software (...) to prevent violation, but I will also discuss the use of sanctions and rewards, and the conditions under which compliance by autonomous agents (including humans) can be expected or encouraged without sanctions or rewards. In the course of the paper a suggested framework for the exploration of these issues is developed. (shrink)

Reasoning with cases has been a primary focus of those working in AI and law who have attempted to model legal reasoning. In this paper we put forward a formal model of reasoning with cases which captures many of the insights from that previous work. We begin by stating our view of reasoning with cases as a process of constructing, evaluating and applying a theory. Central to our model is a view of the relationship between cases, rules based on cases, (...) and the social values which justify those rules. Having given our view of these relationships, we present our formal model of them, and explain how theories can be constructed, compared and evaluated. We then show how previous work can be described in terms of our model, and discuss extensions to the basic model to accommodate particular features of previous work. We conclude by identifying some directions for future work. (shrink)

This book shows how pragmatics and philosophy are interconnected, and explores the consequences and ramifications of this innovative idea, especially in addressing and solving the problem of breaking Grice's circle. The author applies philosophy in order to get to a better understanding of pragmatics, and pragmatics in order to get a better understanding of philosophy. The book starts with a chapter on the non-cancellability of explicatures and the role that this idea plays in the resolution of Grice’s circle, and proceeds (...) with the discussion of other topics in which explicatures or cancellability play an important and decisive role. While the reader proceeds in the reading of this book, they accumulate notions and pieces of knowledge which will be of invaluable use when arriving at the chapter on conversational presuppositions, where the author expresses his most radical views: namely that presuppositions are indeed cancellable, contrary to what many believe. (shrink)

Stories can be powerful argumentative vehicles, and they are often used to present arguments from analogy, most notably as parables, fables or allegories where the story invites the hearer to infer an important claim of the argument. Case Based Reasoning in Law has many similar features: the current case is compared to previously decided cases, and in case the similarity between the previous and current cases is deemed sufficient, a similar conclusion can be drawn for the current case. In this (...) article, we want to take a further step towards computationally modelling the connection between stories and argumentation in analogical reasoning. We show how story schemes can be used to investigate and determine story similarity, and how the point of a story – that is, the conclusion that the storyteller intends the hearer to draw – can be likened to the ratio decidendi in a legal case. Finally, we present some formal tools for modelling stories based on computational models of practical reasoning. (shrink)

'de se' attitudes and pragmatic intrusion. A critique of Higginbotham (2003).

This paper presents a purely pragmatic account of quotation which, it is argued, will be able to accommodate all relevant linguistic phenomena. Given that it is more parsimonious to explain the data by reference to pragmatic principles only than to explain them by reference to both pragmatic and semantic principles, as is common in the literature, I conclude that the account of quotation I present is to be preferred to the more standard accounts (including the alternative theories of quotation, discussed (...) here). (shrink)

In this paper, I develop a pragmatic view of the poetic function of language by resorting to the ideas of contextualism, inferential pragmatics, and pragmemes (Mey, 2001, Capone, 2005), developing considerations on the poetic function of language on the basis of considerations by Jakobson (1960) and Waugh (1980). I argue that pragmatics plays an important role in elucidating the poetic function of language and that even in everyday language (not only in anthologies) we find cases of texts where the (...) poetic function coexists with (or aids) other functions. Contextualism allows us to interpret a poem: referents must be fixed or need not be fixed due to the requirements of the discourse; citations are brought in through pragmatic ways; polyphony is achieved via sedimentation of citations in a current text; the vicinity of a certain word, or concept, or line is likely to affect the interpretation of a certain expression. Polyphony is what allows the text to live on in a dimension that transcends the limits of the subjective experience of the poet but allows the text to be inserted in a tradition in which each verse reverberates with memories of other verses. The poetic text can take different forms, from graffiti to discourse at the market-place, to discourse between lovers. All these forms of poetic text would not exist if the notion of poetry did not include the idea of semantic/pragmatic compression which is matched, in interpretation, by expansions. In this paper, I also try to tackle the issue of the universal appeal of some poems, even if I am aware that this topic is as mysterious as fascinating. Paradoxically, a contextual approach to poetry seems to be at odds with the claim that the most acclaimed examples of poems have a universal appeal and touch a universal chord in the readers’ hearts. What is genuinely puzzling is the contrast between the need to fully contextualize a text and the fact that such a text can have a universal appeal across cultures. (shrink)

In this paper, I deal with socio-pragmatics and pragmemes, and propose that we need to take into account societal and cultural considerations in order to develop a persuasive theory about utterance meaning and language use. In particular, I deal with pragmemes and propose that they depart considerably from speech act theory, which is more or less a kind of armchair linguistics, as they can be combined with the notion of language games Philosophical investigations. Oxford: Blackwell) and with the notion of (...) the triadic structure of language. In this view, culture plays a predominant role. As Wong says: To attain a more holistic picture of language, one would need to see beyond form and even meaning to consider the cultural context of the language under study. This is because, as numerous studies have argued persuasively, people use language to express not only meaning but, consciously or subconsciously, culture as well – values, attitudes, biases, etc. A pragmeme is, therefore, best viewed as a “culturally situated speech act” and when we study pragmemes, we should ideally study them with respect to the culture in which they are used. In this paper, I explain why culture plays a predominant role in the pragmeme and should be a component of the definition of this type of unit of language use. I provide certain examples of pragmemes which require the notion of pragmatic competence and clearly show that a certain cultural dimension is important in determining rules of use. Then I consider a special kind of pragmemes: pragmemes at the market place. Pragmemes at the market place can be seen in the light of Mey’s Pragmatics. An introduction. Oxford: Blackwell.) ideas on adaptability. Language users develop ways to adapt to reality by making use of pragmatic acts that exploit contextual considerations and, given that they are to be seen as responses to the changing circumstances of life, may establish a path of language use and norms that constitute precedents from which subsequent language users can inherit ways to adapt to the circumstances of life. Sellers at the market develop techniques for shouting, surprising their clients, attracting attention, advertising their products through imaginative and poetic ways. These clearly require techniques, social practices and rules of use that are very different from those involved in other forms of communication, in that they are to be seen as responses to specific circumstances, specific purposes, and specific needs to adapt to the new circumstances of life. I propose that the poetic function Closing statements. Linguistics and poetics. In T. Sebeok, Style in language. Cambridge: MIT) in these language games merges with other functions. Both the poetic and the phatic function are subordinated to the conative function. I consider cases of expansion, in which knowledge of the cultural background and the situational context can guide interpretation and, in particular, the calculation of syntactic relations, which is made particularly difficult because we are confronted with fragments. I then consider pragmemes and deontic modality, arguing that the cultural context ensures that the right interpretation is arrived at through cultural ethical norms. Next, I consider the pragmeme ‘selling fish at the market place’. We can see that a particular pragmeme has its own norms that are dedicated to it and determined by the situational needs of the seller. The seller specializes in selling this product and, thus, best knows how to advertise it. Why should there be these forms of specialization? Probably, the answer is that the seller knows which questions the client has for him and he is prepared to answer them in advance, having developed poetic techniques for this task. I finally provide a series of common features which pragmemes of selling things at the market place display. We may consider them the topoi of the specific pragmemes. I am aware that there is a lot more work to be done, but this is not always easy because this kind of language use is gradually being lost due to changes in the structure of society. The data collected by anthropologists do not suffice in any way because they are focused on folklore more than on language use. The attempt to focus on the core features of pragmemes or, in the case in point, the pragmemes of selling fish at the market place is thwarted by the scarcity of the data. (shrink)

No programa Homo Sacer, Giorgio Agamben estabelece denso diálogo com importantes autores como Walter Benjamin, Carl Schmitt, Hannah Arendt e Michel Foucault, formulando um moderno conceito de vida nua. O problema da vida nua (homo sacer), todavia, estende-se para outros trabalhos de Agamben, como A linguagem e a morte e O tempo que resta: um comentário à carta aos romanos, nos quais se apresentam outros termos, como profanação e o tempo-que-resta. No cotejo entre essas obras, este artigo se propõe a (...) articular os conceitos de vida nua (homo sacer) e de profanação, na sua relação com o problema do tempo (o tempo-que-resta),desenvolvidos por Giorgio Agamben. Nesse sentido, aflora discussão sobre o messiânico,por nós, aqui, associado com a figura do homo sacer. (shrink)

This paper discusses some engineering considerations that should be taken into account when building a knowledge based system, and recommends isomorphism, the well defined correspondence of the knowledge base to the source texts, as a basic principle of system construction in the legal domain. Isomorphism, as it has been used in the field of legal knowledge based systems, is characterised and the benefits which stem from its use are described. Some objections to and limitations of the approach are discussed. The (...) paper concludes with a case study giving a detailed example of the use of the isomorphic approach in a particular application. (shrink)

modal adverbs and discourse implicatures semantics.

Explicatures are not cancellable. Theoretical considerations.

This paper is an introduction to a virtual special issue of AI and Law exploring the legacy of the influential HYPO system of Rissland and Ashley. The papers included are: Arguments and cases: An inevitable intertwining, BankXX: Supporting legal arguments through heuristic retrieval, Modelling reasoning with precedents in a formal dialogue Game, A note on dimensions and factors, An empirical investigation of reasoning with legal cases through theory construction and application, Automatically classifying case texts and predicting outcomes, A factor-based definition (...) of precedential constraint and An improved factor based approach to precedential constraint. After describing HYPO, in this introduction to the special issue I look at various aspects of its influence on AI and Law: the developments led by Rissland at Amherst; the developments led by Ashley in Pittsburgh; the expression of these ideas in terms of rule based systems, and their subsequent formalisation; value based theories, which were inspired by a critique of HYPO; and contemporary approaches which revive the idea of dimensions. (shrink)

In this paper, we take up an old issue that of pragmemes, broached by Mey and further explored by Capone. It is not easy to define pragmemes and distinguish them sufficiently from speech acts (units of language use broached by Austin and Searle) or from Wittgensteinian language games or from macro speech acts (see van Dijk on macrostructures) or from Goffman’s scripts. The best idea we could develop about pragmemes is that they instantiate the triple articulation of language, proposed (...) by Jock Wong; being essentially composed of phonological-syntactic units, that have a certain content relative to a social situation and to a certain culture, pragmemes express a certain function (or illocutionary force), like, e.g., modifying society or some aspect of it. They are part of a chapter that can be called either “societal pragmatics” or “emancipatory pragmatics,” to use the words by Mey. In fact, knowledge of how language is used to diminish the rights of people and to propagate the “status quo” may be instrumental to give rights and power to ordinary human beings who are oppressed by political and economical structures. -/- . (shrink)

This paper studies the use of hypothetical and value-based reasoning in US Supreme-Court cases concerning the United States Fourth Amendment. Drawing upon formal AI & Law models of legal argument a semi-formal reconstruction is given of parts of the Carney case, which has been studied previously in AI & law research on case-based reasoning. As part of the reconstruction, a semi-formal proposal is made for extending the formal AI & Law models with forms of metalevel reasoning in several argument schemes. (...) The result is compared with Rissland’s (1989) analysis in terms of dimensions and Ashley’s (2008) analysis in terms of his process model of legal argument with hypotheticals. (shrink)

There is an increasing need for norms to be embedded in technology as the widespread deployment of applications such as autonomous driving, warfare and big data analysis for crime fighting and counter-terrorism becomes ever closer. Current approaches to norms in multi-agent systems tend either to simply make prohibited actions unavailable, or to provide a set of rules which the agent is obliged to follow, either as part of its design or to avoid sanctions and punishments. In this paper we argue (...) for the position that agents should be equipped with the ability to reason about a system’s norms, by reasoning about the social and moral values that norms are designed to serve; that is, perform the sort of moral reasoning we expect of humans. In particular we highlight the need for such reasoning when circumstances are such that the rules should arguably be broken, so that the reasoning can guide agents in deciding whether to comply with the norms and, if violation is desirable, how best to violate them. One approach to enabling this is to make use of an argumentation scheme based on values and designed for practical reasoning: arguments for and against actions are generated using this scheme and agents choose between actions based on their preferences over these values. Moral reasoning then requires that agents have an acceptable set of values and an acceptable ordering on their values. We first discuss how this approach can be used to think about and justify norms in general, and then discuss how this reasoning can be used to think about when norms should be violated, and the form this violation should take. We illustrate how value based reasoning can be used to decide when and how to violate a norm using a road traffic example. We also briefly consider what makes an ordering on values acceptable, and how such an ordering might be determined. (shrink)

The paper questions the assumption (widespread in semantic—and indeed pragmatic—theory) that linguistic expressions have meaning in virtue of possessing semantic properties/content. Problems created by this assumption are discussed ...

Modelling reasoning with legal cases has been a central concern of AI and Law since the 1980s. The approach which represents cases as factors and dimensions has been a central part of that work. In this paper I consider how several varieties of the approach can be applied to the interesting case of Popov v Hayashi. After briefly reviewing some of the key landmarks of the approach, the case is represented in terms of factors and dimensions, and further explored using (...) theory construction and argumentation schemes approaches. (shrink)

In this paper we describe the impact that Walton’s conception of argumentation schemes had on AI and Law research. We will discuss developments in argumentation in AI and Law before Walton’s schemes became known in that community, and the issues that were current in that work. We will then show how Walton’s schemes provided a means of addressing all of those issues, and so supplied a unifying perspective from which to view argumentation in AI and Law.

In this paper, I deal with implicit indirect reports. First of all, I discuss implicit indirect reports involving the first person. Then, I prove that in some cases second person reports are implicit indirect reports involving a de se attribution. Next, I draw analogies with implicit indirect reports involving the third person. I establish some similarities at the level of free enrichment through which the explicature is obtained and I propose that the explicature is syntactically active, given that it sanctions (...) anaphora. (shrink)

The transcience of existence, the fragility of life and human transcience do nothing but remind each of us of the imminence of death, now experienced as an unparalleled tragedy, accompanied, often, by the anguish of witnessing a slow and gradual ageing of the body. In the post-modern era characterized by pervasive technology, a new religion is emerging that aims to halt the ageing process and defeat death once and for all. But what is the price to be paid: according to (...) some, we will witness the dissolution of the human being’s soul; according to others, the world will be populated by humanoids with severe psychic problems. (shrink)

Attempting to provide an ontological framework for the notion of the non-personal Universe of Being proposed elsewhere, this paper – after some basic definitions – focuses on substances, one pillar of that notion. It recognizes only to individual substances a material existence, viewed as the entire complex of the properties instantiated in each of them. It then examines features of the general essence of substances. While such essence can be comprehended via abstract definitions, their individual essence cannot, I argue, because (...) it is not a concept but a reality, which I refer to as Being. This manifests powers, is inexhaustible growth and is one, although expressed differently in each individual. The possible connection of the human being with this reality is the second pillar of the notion of the non-personal Universe of Being, which I summarize and compare to other scenarios at the end. (shrink)