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Arguments, Stories and Criminal Evidence

Part of the Law and Philosophy Library Book Series (volume 92)

DOI: 10.1007/978-94-007-0140-3

ISBN: 978-94-007-0139-7

Publisher: Springer Netherlands - Springer Journals

Nov 10, 2010

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Introduction

Bex, Floris J.

Pages: 1 –10

[The general subject of the book, namely reasoning with evidence to establish the facts in criminal cases. It discusses the background of the research, which is a combination of legal theory, argumentation theory, artificial intelligence and legal psychology, and it introduces the idea of...
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Reasoning with Criminal Evidence

Bex, Floris J.

Pages: 11 –31

[Abstract The process of proof, reasoning with evidence and commonsense knowledge in order to establish the facts of the case. Some general concepts that are important in this process are clarified and some general subjects (e.g. types of evidence) are discussed in detail. The chapter also...
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Two Approaches to Reasoning with Evidence: Arguments and Stories

Bex, Floris J.

Pages: 33 –82

[The two types of reasoning that represent the main trends in the research on reasoning with criminal evidence. The first is argumentative reasoning, where the parties argue for and against the facts-at-issue using arguments based on evidence. The second type of reasoning is story-based or...
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A Hybrid Theory of Stories and Arguments

Bex, Floris J.

Pages: 83 –100

[The new, hybrid theory of reasoning about criminal evidence. In the hybrid theory, stories and arguments are combined: each of the parties proposes some story about what (might have) happened in the case and supports with arguments from evidence to some element of the story. The parties can also...
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A Formal Logical Hybrid Theory of Argumentation and Explanation

Bex, Floris J.

Pages: 101 –162

[A logical account of the hybrid theory. This logical theory combines abductive, model-based reasoning (as is often used in diagnostical knowledge systems) with a formal framework for defeasible argumentation. A formal dialogue game, detailing a protocol for a rational discussion about the facts,...
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Case Study: Murder in Anjum

Bex, Floris J.

Pages: 163 –227

[An actual case that made headlines in the Netherlands some time ago: the “Anjumer pensionmoorden” (murders in a boarding house in Anjum, a town in the Netherlands). In this chapter, the case is modelled in the hybrid theory and the various positions in the case (e.g. the Court’s opinion, the...
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Related Research on Reasoning with Criminal Evidence

Bex, Floris J.

Pages: 229 –263

[Abstract Related theoretical research on reasoning with evidence and compares it to the hybrid theory. It deals with the Anchored Narratives Theory (Crombag, van Koppen and Wagenaar) as well as the Wigmorean Analysis advocated by Anderson, Schum, Tillers and Twining. Formal models of evidential...
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Conclusions

Bex, Floris J.

Pages: 265 –275

[The book by briefly summarizing it and presenting the results and their possible impact in the various research communities. It concludes that both arguments and stories are needed for proper reasoning with criminal evidence and that the main aim of the book, combining arguments and stories into...

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