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Introduction: On proof

Introduction: On proof Artificial Intelligence and Law 9: 95–98, 2001. ‘To prove’ is from the Latin probare, whose derivation root is the same as of probus, ‘good’, ‘able’; actually, the etymological sense of the verb probare is ‘to recognize whether something is good’, which the English ‘to probe’ still retains. By ‘proving’, one means establishing the truth of an assertion by means of reason- ing and demonstrations as suitable, by resorting to testimony or documents. More generally, one means: to investigate and try with hypotheses. In logic, ‘proof’ has to do with demonstration, and in general it is identified with the process by which one establishes that the conclusion follows from the premises. Piero Calamandrei (1889–1956), the best-known Italian proceduralist, strove all his life and throughout his scholarly career in order to find out whether judiciary reasoning could be amenable to a syllogism whose major premise is law, while its minor premise is the description of the facts, and its conclusion is the prescriptive part of the sentence. Calamandrei himself found himself unable to positively give an answer in the affirmative. On the one hand, he could clearly spot the similarities; on the other hand – the several differences. After the streams http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Artificial Intelligence and Law Springer Journals

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Publisher
Springer Journals
Copyright
Copyright © 2001 by Kluwer Academic Publishers
Subject
Computer Science; Artificial Intelligence (incl. Robotics); International IT and Media Law, Intellectual Property Law; Philosophy of Law; Legal Aspects of Computing; Information Storage and Retrieval
ISSN
0924-8463
eISSN
1572-8382
DOI
10.1023/A:1017985728390
Publisher site
See Article on Publisher Site

Abstract

Artificial Intelligence and Law 9: 95–98, 2001. ‘To prove’ is from the Latin probare, whose derivation root is the same as of probus, ‘good’, ‘able’; actually, the etymological sense of the verb probare is ‘to recognize whether something is good’, which the English ‘to probe’ still retains. By ‘proving’, one means establishing the truth of an assertion by means of reason- ing and demonstrations as suitable, by resorting to testimony or documents. More generally, one means: to investigate and try with hypotheses. In logic, ‘proof’ has to do with demonstration, and in general it is identified with the process by which one establishes that the conclusion follows from the premises. Piero Calamandrei (1889–1956), the best-known Italian proceduralist, strove all his life and throughout his scholarly career in order to find out whether judiciary reasoning could be amenable to a syllogism whose major premise is law, while its minor premise is the description of the facts, and its conclusion is the prescriptive part of the sentence. Calamandrei himself found himself unable to positively give an answer in the affirmative. On the one hand, he could clearly spot the similarities; on the other hand – the several differences. After the streams

Journal

Artificial Intelligence and LawSpringer Journals

Published: Oct 19, 2004

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