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Law, Probability and Risk Advance Access originally published online on August 19, 2007
Law, Probability and Risk 2007 6(1-4):5-22; doi:10.1093/lpr/mgm015
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© The Author [2007]. Published by Oxford University Press. All rights reserved.

Visualizing the dynamics around the rule–evidence interface in legal reasoning

Vern R. Walker{dagger}

School of Law, Hofstra University, Hempstead, NY 11549, USA

{dagger} Email: vern.r.walker{at}hofstra.edu

Received on 2 February 2007. Revised on 14 May 2007. Accepted on 18 May 2007.


  Abstract

This paper presents a visual framework for modelling complex legal reasoning—reasoning that integrates legal rules and policies with expert and non-expert evidence. The framework is based on a many-valued, predicate, default logic. The paper first visualizes the two sides of the rule–evidence interface: rule-based deductions and evidence evaluation. It then explores ways to visualize several dynamics around that interface, including dynamics concerning evidentiary relevance, findings of fact, process decision making about motions, policy-based reasoning about rules and relevant-factor reasoning. The paper then concludes with visualizing dynamics across multiple cases and briefly discusses one pathway by which new legal rules might emerge from the factfinding process. The paper therefore presents a visual working environment for people who litigate or decide actual cases, who study judicial or administrative reasoning or who teach law.

Keywords: default logic; many-valued logic; predicate logic; legal reasoning; visualization; graphical representation; rule-based reasoning; factfinding; evidence evaluation; policy-based reasoning; relevant-factor reasoning

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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