Dear Lotfi,

Thank you very much for the references. As you know, I am familiar
with at least one of the papers to which you refer. But one of the
papers (the one with your lecture in Siena) is completely unknown to
me. I will revisit the perception papers and try to do a better job of
grasping the argument made there. I will also look at the Siena
lecture. Eventually 96 but only quite some time in the future (see
note below) 96 I may report back to this list.


On your point about bivalent logic and legal (normative) reasoning: my
inclination is to agree that bivalent logic (of the sort found in the
standard probability calculus) fails to capture much of what's going
on in legal reasoning but that this is so, not so much because of the
complexity of legal reasoning, but because the kind of uncertainty
found in legal reasoning is not the sort of uncertainty that the
standard probability calculus addresses (well). But I can imagine that
you and I are saying roughly the same thing.

-- Having just said what I have said above I very much hasten to add
that I once gave a lecture 96 see P. Tillers, The Value of Evidence in
Law, 39 No.  Ire. Leg. Q. 167 (1988) -- in which I argued (and I have
not changed my view) that legal questions are more like factual
questions than most legal scholars & legal professionals suppose. My
thesis has found some resonance - -- if not a general chorus of
hosannas -- in the community of legal scholars. See, e.g., Ronald
J. Allen & Michael S. Pardo, The Myth of the Law-Fact Distinction, 97
Northwestern University Law Review 1769 (2003).  It might be argued:
To the extent my argument in the Northern Ireland Legal Quarterly
flies, to that extent normative legal reasoning is not as unamenable
to Bayesian analysis as I now seem to suppose. But a thesis with
reverse spin is also possible: to whatever extent my Northern Ireland
argument flies, to that extent it follows that reasoning about
"factual" hypothesis has features that elude the standard probability
calculus. I incline toward the latter hypothesis -- because, as I
explained in one of my earlier messages to this list, I think that in
legal contexts (and, I suspect, in many other contexts) argument about
"factual" issues is suffused (to a substantial extent) with semantic
uncertainty.



A word of apology: I tend to get loquacious about some issues. I fear
I have worn out the patience of the members of the list. I beg for
your forgiveness. The only interesting point that I can offer in my
defense is that the question of the relative extent to which, e.g.,
fuzzy logic and the standard probability calculus capture important
features of, e.g., normative reasoning in law and reasoning about
factual questions in law offers an important window on the possibility
and the extent (and, dare I say, the probability) of the rule of
law. The old debates among legal scholars about this question were
quite interesting in their own time but (in my view) they have grown
tired and sterile. (But, I assure you, not every legal scholar -- far
from it! -- agrees with my inclination to think that study of fuzzy
sets, probability theory, etc. is of much 93practical94 use for
attempts to solve legal problems. For example, Ron Allen, who was
cited above, believes such 93formalizations94 offer few if any payoffs
for law. [I suspect Ron will shortly speak up and either affirm or
clarify what I have just said!])


Now, my dear colleagues, I plan to follow, for quite some time (4-8
weeks), Wittgenstein's famous admonition in the TRACTATUS: wovon man
nicht reden kann, darFCber muss man schweigen.

My very best wishes & thanks,

peter t


*****

Peter Tillers           http://tillers.net
Professor of Law
Cardozo School of Law, Yeshiva University
55 Fifth Avenue, New York, NY 10003

(212) 790-0334; FAX (212) 790-0205

[EMAIL PROTECTED]









- -----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of
Lotfi A. Zadeh
Sent: Monday, November 10, 2003 12:54 PM
To: [EMAIL PROTECTED]
Subject: [UAI] causal_ vs_ functional models?



Dear Peter:



    In your comment (10-27-03), you ask some pertinent questions. My

views regarding some of the issues which you raise may be found in the

following:



   1. L.A. Zadeh, "A New Direction in AI--Toward a Computational Theory

      of Perceptions," AI Magazine,Vol. 22, No. 1, 73-84, 2001.

      (Downloadable: http:// www-bisc.cs.berkeley.edu/zadeh)

   2. L.A. Zadeh, "Toward a Perception-B, Vol. 105, 233-264, 2002

      (Downloadable:

      http://www-bisc.cs.berkeley.edu/BISCProgram/Projects.htm

   3. "Probability Theory and Fuzzy Logic," lecture delivered at the

      Conference on the Logic of Soft Computing, University of Siena,

      Italy, November 2, 2003. (Downloadable: http://

      www-bisc.cs.berkeley.edu/zadeh)



    Insofar as the realm of law is concerned, a basic question is: Do

bivalent logic and bivalent-logic-based probability theory provide

adequate tools for a formalization of legal reasoning? In my view, legal 


reasoning is much too complex to lend itself to an analysis within the

conceptual structure of bivalent-logic and bivalent-logic-based

probability theory.



          Warm regards,



                Lotfi



- --

Professor in the Graduate School, Computer Science Division

Department of Electrical Engineering and Computer Sciences

University of California

Berkeley, CA 94720 -1776

Director, Berkeley Initiative in Soft Computing (BISC)

http://www.cs.berkeley/~zadeh

 

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