Legal Facts in Argumentation-Based Litigation Games

Research output: Contribution to journalArticle

Abstract

This paper analyzes legal fact-argumentation in the framework of the argumentation-based litigation game (ALG) by Xiong (Leg Sci 370(9):16–19, 2012). Rather than as an ontological one, an ALG treats a legal fact as a fact-qua-claim whose acceptability depends on the reasons supporting it. In constructing their facts-qua-claims, parties to an ALG must interact to maintain a game-theoretic equilibrium. We compare the general interactional constraints that the civil (a.k.a. ‘continental’) and common law systems assign, and detail what the civil, administrative, and criminal codes of mainland China require of the suitor (S), the respondent (R), and the trier (T) to establish their respective S-, R- and T-facts. We also offer an improved version of the legal syllogism.

Details

Authors
Organisations
External organisations
  • Sun Yat-sen University
  • University of Konstanz
  • Institute of Philosophy, SAS
Research areas and keywords

Subject classification (UKÄ) – MANDATORY

  • Philosophy

Keywords

  • Argumentation-based litigation game, Equilibrium, Fact-argumentation, Fact-qua-claim, Legal fact, Legal five-part argument, Legal syllogism
Original languageEnglish
Pages (from-to)197-211
JournalArgumentation
Volume32
Issue number2
Early online date2017 Sep 18
Publication statusPublished - 2018 Jun
Publication categoryResearch
Peer-reviewedYes