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Law, Probability and Risk Advance Access originally published online on October 10, 2007
Law, Probability and Risk 2007 6(1-4):23-42; doi:10.1093/lpr/mgm032
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© The Author [2007]. Published by Oxford University Press. All rights reserved.

The rationale for RationaleTM

Tim van Gelder{dagger}

Department of Philosophy, University of Melbourne, Parkville VIC 3052, Australia

{dagger} Email: tgelder{at}unimelb.edu.au

Received on 6 May 2007. Revised on 24 July 2007. Accepted on 24 July 2007.


   Abstract

Complex reasoning and argumentation are central to legal practice. Software-supported argument mapping may be able to help lawyers reason and argue more effectively. This article describes RationaleTM, a generic argument mapping software package, and reviews some evidence that using it can help improve reasoning, i.e. make people smarter. It then explores three different explanations for this potential benefit: usability, complementation and semi-formality. First, argument mapping software can be more usable for reasoning activities than traditional methods because it can inherit the wisdom gained through decades of research and experience into usability, can exploit a wider range of representational resources, and is designed specifically to support reasoning activities. Second, such software works by complementing the strengths and weaknesses of our natural or inbuilt cognitive capacities. Third, it helps shift reasoning and argumentation into a semi-formal mode, a kind of ‘sweet spot’ between the laxness of everyday reasoning and the straightjacket of formal logic.

Keywords: reasoning; legal reasoning; argument mapping; RationaleTM; intelligence augmentation; usability; complementation; semi-formality


Presented at the workshop on ‘Graphic and visual representations of evidence and inference in legal settings’ at Cardozo School of Law, New York City, 28–29 January 2007.


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