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The Dynamics of Judicial Proof


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Table of Contents

Making Sense of the Process of Proof in Litigation.- One: Common Sense Reasoning.- Artificial Intelligence, Mindreading, and Reasoning in Law.- Common Sense, Rationality and the Legal Process.- What Is “Common” about Common Sense? Cautionary Tales for Travelers Crossing Disciplinary Boundaries.- Two: Fuzzy and Rough Logic.- From Computing with Numbers to Computing with Words: From Manipulation of Measurements to Manipulation of Perceptions.- Fuzzy Logic and Its Application to Legal Reasoning — A Comment to Professor Zadeh.- A Primer on Rough Sets: A New Approach to Drawing Conclusions from Data.- Three: The Structure of Factual Inference in Judicial Settings.- Alternative Views of Argument Construction from a Mass of Evidence.- Explaining Relevance.- Theories of Uncertainty: Explaining the Possible Sources of Error in Inferences.- Models of Data Generation vs. Models of Events that Generate Data.- Four: Dynamic Inference and Choice in Dynamic Environments.- Action and Procedure in Reasoning.- Decision Analysis and Law.- Five: Abductive Inference.- Serendipity and Abduction in Proofs, Presumptions and Emerging Laws.- On the Proof Dynamics of Inference to the Best Explanation.- Species of Abductive Reasoning in Fact Investigation in Law.- Abductive Reasoning in Law: Taxonomy and Inference to the Best Explanation.- Six: From Theory to Practice: “Intelligent” Procedures for Drawing Inferences in Static and Dynamic Legal Environments.- Computational Inference for Evidential Reasoning in Support of Judicial Proof.- Logical Argumentation, Abduction and Bayesian Decision Theory: A Bayesian Approach to Logical Arguments and Its Application to Legal Evidential Reasoning.- Structured Deliberation for Dynamic Uncertain Inference.- Seven: Judicial Proof and Economic Rationality.- Saving Desdemona.- Othello Could Not Optimize: Economics, Hearsay, and Less Adversary Systems.- Eight: Causality.- Causality and Responsibility.- Liability for Increased Risk of Harm: A Lawyer’s Response to Professor Shafer.

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