This paper describes one way in which a precise reason model of precedent could be developed, based on the general idea that courts are constrained to reach a decision that is consistent with the assessment of the balance of reasons made in relevant earlier decisions. The account provided here has the additional advantage of showing how this reason model can be reconciled with the traditional idea that precedential constraint involves rules, as long as these rules are taken to be defeasible. (...) The account presented is firmly based on a body of work that has emerged in AI and Law. This work is discussed, and there is a particular discussion of approaches based on theory construction, and how that work relates to the model described in this paper. (shrink)

This article describes the Vaccine/Injury Project Corpus, a collection of legal decisions awarding or denying compensation for health injuries allegedly due to vaccinations, together with models of the logical structure of the reasoning of the factfinders in those cases. This unique corpus provides useful data for formal and informal logic theory, for natural-language research in linguistics, and for artificial intelligence research. More importantly, the article discusses lessons learned from developing protocols for manually extracting the logical structure and generating the logic (...) models. It identifies sub-tasks in the extraction process, discusses challenges to automation, and provides insights into possible solutions for automation. In particular, the framework and strategies developed here, together with the corpus data, should allow “top–down” and contextual approaches to automation, which can supplement “bottom-up” linguistic approaches. Illustrations throughout the article use examples drawn from the Corpus. (shrink)

We present a novel annotated dataset of legal cases pertaining to Article 6 – the right to a fair trial – of the European Convention on Human Rights (ECHR). This dataset will serve as a useful resource to the research community, to assist in the training and evaluation of AI systems designed to embody the legal reasoning involved in determining the appropriate legal outcome from a description of the case material. The annotations were applied to provide finer-grain classifications of legal (...) cases at the document level. Each classification label was sourced from a domain knowledge model, derived with legal expert guidance and known as an Angelic Domain Model (ADM), such that the classifications correspond to the actual legal rationales used by the Court when determining the outcome of a given case. We discuss our annotation pipeline, including annotator training, inter-annotator reliability evaluation, and the dissemination of the annotation outputs and associated metadata. (shrink)

The first issue of _Artificial Intelligence and Law_ journal was published in 1992. This paper provides commentaries on landmark papers from the first decade of that journal. The topics discussed include reasoning with cases, argumentation, normative reasoning, dialogue, representing legal knowledge and neural networks.

The first issue of Artificial Intelligence and Law journal was published in 1992. This paper offers some commentaries on papers drawn from the Journal’s third decade. They indicate a major shift within Artificial Intelligence, both generally and in AI and Law: away from symbolic techniques to those based on Machine Learning approaches, especially those based on Natural Language texts rather than feature sets. Eight papers are discussed: two concern the management and use of documents available on the World Wide Web, (...) and six apply machine learning techniques to a variety of legal applications. (shrink)

The first issue of _Artificial Intelligence and Law_ journal was published in 1992. This special issue marks the 30th anniversary of the journal by reviewing the progress of the field through thirty commentaries on landmark papers and groups of papers from that journal.

In this paper, we discuss previous research in automatic prediction of court decisions. We define the difference between outcome identification, outcome-based judgement categorisation and outcome forecasting, and review how various studies fall into these categories. We discuss how important it is to understand the legal data that one works with in order to determine which task can be performed. Finally, we reflect on the needs of the legal discipline regarding the analysis of court judgements.

Deep learning and other black-box models are becoming more and more popular today. Despite their high performance, they may not be accepted ethically or legally because of their lack of explainability. This paper presents the increasing number of legal requirements on machine learning model interpretability and explainability in the context of private and public decision making. It then explains how those legal requirements can be implemented into machine-learning models and concludes with a call for more inter-disciplinary research on explainability.

Legal decision-support systems have the potential to improve access to justice, administrative efficiency, and judicial consistency, but broad adoption of such systems is contingent on development of technologies with low knowledge-engineering, validation, and maintenance costs. This paper describes two approaches to an important form of legal decision support—explainable outcome prediction—that obviate both annotation of an entire decision corpus and manual processing of new cases. The first approach, which uses an attention network for prediction and attention weights to highlight salient case (...) text, was shown to be capable of predicting decisions, but attention-weight-based text highlighting did not demonstrably improve human decision speed or accuracy in an evaluation with 61 human subjects. The second approach, termed semi-supervised case annotation for legal explanations, exploits structural and semantic regularities in case corpora to identify textual patterns that have both predictable relationships to case decisions and explanatory value. (shrink)

When courts started publishing judgements, big data analysis within the legal domain became possible. By taking data from the European Court of Human Rights as an example, we investigate how natural language processing tools can be used to analyse texts of the court proceedings in order to automatically predict judicial decisions. With an average accuracy of 75% in predicting the violation of 9 articles of the European Convention on Human Rights our approach highlights the potential of machine learning approaches in (...) the legal domain. We show, however, that predicting decisions for future cases based on the cases from the past negatively impacts performance. Furthermore, we demonstrate that we can achieve a relatively high classification performance when predicting outcomes based only on the surnames of the judges that try the case. (shrink)

When courts started publishing judgements, big data analysis within the legal domain became possible. By taking data from the European Court of Human Rights as an example, we investigate how natural language processing tools can be used to analyse texts of the court proceedings in order to automatically predict judicial decisions. With an average accuracy of 75% in predicting the violation of 9 articles of the European Convention on Human Rights our approach highlights the potential of machine learning approaches in (...) the legal domain. We show, however, that predicting decisions for future cases based on the cases from the past negatively impacts performance. Furthermore, we demonstrate that we can achieve a relatively high classification performance when predicting outcomes based only on the surnames of the judges that try the case. (shrink)

We present an annotation scheme describing the argument structure of judgement documents, a central construct in Japanese law. To support the final goal of this work, namely summarisation aimed at the legal professions, we have designed blueprint models of summaries of various granularities, and our annotation model in turn is fitted around the information needed for the summaries. In this paper we report results of a manual annotation study, showing that the annotation is stable. The annotated corpus we created contains (...) 89 documents. We also designed and implemented the first two stages of an algorithm for the automatic extraction of argument structure, and present evaluation results. (shrink)

This paper arose out of the 2017 international conference on AI and law doctoral consortium. There were five students who presented their Ph.D. work, and each of them has contributed a section to this paper. The paper offers a view of what topics are currently engaging students, and shows the diversity of their interests and influences.

This paper gives an account of dimensions in the reason model found in Horty : 1–33, 2011), Horty and Bench-Capon and Rigoni :133–160, 2015. doi: 10.1007/s10506-015-9166-x). The account is constructed with the purpose of rectifying problems with the approach to incorporating dimensions in Horty, namely, the problems arising from the collapse of the distinction between the reason model and the result model on that approach. Examination of the newly constructed theory revealed that the importance of dimensions in the reason model (...) lies in their ability to establish weighings between reasons/factors of the same polarity. This permits past cases to constrain future cases in ways they could not on the reason model with just factors. The paper then discusses how dimensions might be established from a case base and how dimensions that are incomplete in various aspects might be dealt with in the theory. It closes with comparisons to other work in the literature on AI and Law and suggestions for further improvement of the reason model. (shrink)

This paper revisits the challenge of Berman and Hafner’s “missing link” paper on representing teleological structure in case-based legal reasoning. It is noted that this was mainly an ontological challenge to represent some of what made legal reasoning distinctive, which was given less attention than factual similarity in the dominant AI and Law paradigm, deriving from HYPO. The response to their paper is noted and briefly evaluated. A parallel is drawn to a new challenge to provide deep structure to the (...) legal context of textual meaning, drawing on the forthcoming work of two Constitutional law scholars who appear to place some faith in the ways of thinking that AI and Law has developed. (shrink)

This paper is an introduction to a virtual special issue of AI and Law exploring the legacy of the influential HYPO system of Rissland and Ashley. The papers included are: Arguments and cases: An inevitable intertwining, BankXX: Supporting legal arguments through heuristic retrieval, Modelling reasoning with precedents in a formal dialogue Game, A note on dimensions and factors, An empirical investigation of reasoning with legal cases through theory construction and application, Automatically classifying case texts and predicting outcomes, A factor-based definition (...) of precedential constraint and An improved factor based approach to precedential constraint. After describing HYPO, in this introduction to the special issue I look at various aspects of its influence on AI and Law: the developments led by Rissland at Amherst; the developments led by Ashley in Pittsburgh; the expression of these ideas in terms of rule based systems, and their subsequent formalisation; value based theories, which were inspired by a critique of HYPO; and contemporary approaches which revive the idea of dimensions. (shrink)

This paper explores the question of whether or not the law is a computable number in the sense described by Alan Turing in his 1937 paper ‘On computable numbers with an application to the Entscheidungsproblem.’ Drawing upon the legal, social, and political context of Alan Turing’s own involvement with the law following his arrest in 1952 for the criminal offence of gross indecency, the article explores the parameters of computability within the law and analyses the applicability of Turing’s computability thesis (...) within the context of legal decision-making. (shrink)

Combating the identity problem is crucial and urgent as false identity has become a common denominator of many serious crimes, including mafia trafficking and terrorism. Without correct identification, it is very difficult for law enforcement authority to intervene, or even trace terrorists’ activities. Amongst several identity attributes, personal names are commonly, and effortlessly, falsified or aliased by most criminals. Typical approaches to detecting the use of false identity rely on the similarity measure of textual and other content-based characteristics, which are (...) usually not applicable in the case of highly deceptive, erroneous and unknown descriptions. This barrier can be overcome through analysis of link information displayed by the individual in communication behaviours, financial interactions and social networks. In particular, this paper presents a novel link-based approach that improves existing techniques by integrating multiple link properties in the process of similarity evaluation. It is utilised in a hybrid model that proficiently combines both text-based and link-based measures of examined names to refine the justification of their similarity. This approach is experimentally evaluated against other link-based and text-based techniques, over a terrorist-related dataset, with further generalization to a similar problem occurring in publication databases. The empirical study demonstrates the great potential of this work towards developing an effective identity verification system. (shrink)

This article provides an overview of, and thematic justification for, the special issue of the journal of Artificial Intelligence and Law entitled “E-Discovery”. In attempting to define a characteristic “AI & Law” approach to e-discovery, and since a central theme of AI & Law involves computationally modeling legal knowledge, reasoning and decision making, we focus on the theme of representing and reasoning with litigators’ theories or hypotheses about document relevance through a variety of techniques including machine learning. We also identify (...) two emerging techniques for enabling users’ document queries to better express the theories of relevance and connect them to documents: social network analysis and a hypothesis ontology. (shrink)

The prediction of legal judgments is one of the most recognized fields in Natural Language Processing, Artificial Intelligence, and Law combined. By legal prediction, we mean intelligent systems capable of predicting specific judicial characteristics such as the judicial outcome, the judicial class, and the prediction of a particular case. In this study, we used an artificial intelligence classifier to predict the decisions of Brazilian courts. To this end, we developed a text crawler to extract data from official Brazilian electronic legal (...) systems, consisting of two datasets of cases of second-degree murder and active corruption. We applied various classifiers, such as Support Vector Machines, Neural Networks, and others, to predict judicial outcomes by analyzing text features from the dataset. Our research demonstrated that Regression Trees, Gated Recurring Units, and Hierarchical Attention Networks tended to have higher metrics across our datasets. As the final goal, we searched the weights of one of the algorithms, Hierarchical Attention Networks, to find samples of the words that might be used to acquit or convict defendants based on their relevance to the algorithm. (shrink)

The first issue of Artificial Intelligence and Law journal was published in 1992. This paper provides commentaries on nine significant papers drawn from the Journal’s second decade. Four of the papers relate to reasoning with legal cases, introducing contextual considerations, predicting outcomes on the basis of natural language descriptions of the cases, comparing different ways of representing cases, and formalising precedential reasoning. One introduces a method of analysing arguments that was to become very widely used in AI and Law, namely (...) argumentation schemes. Two relate to ontologies for the representation of legal concepts and two take advantage of the increasing availability of legal corpora in this decade, to automate document summarisation and for the mining of arguments. (shrink)

The perspective of online dispute resolution is to develop an online electronic system aimed at solving out-of-court disputes. Among ODR schemes, eMediation is becoming an important tool for encouraging the positive settlement of an agreement among litigants. The main motivation underlying the adoption of eMediation is the time/cost reduction for the resolution of disputes compared to the ordinary justice system. In the context of eMediation, a fundamental requirement that an ODR system should meet relates to both litigants and mediators, i.e. (...) to enable an informed negotiation by informing the parties about the rights and duties related to the case. In order to match this requirement, we propose an information retrieval system able to retrieve relevant court decisions with respect to the disputant case description. The proposed system combines machine learning and natural language processing techniques to better match disputant case descriptions with court decisions. Experimental results confirm the ability of the proposed solution to empower court decision retrieval, enabling therefore a well-informed eMediation process. (shrink)

In the course of legal reasoning—whether for purposes of deciding an issue, justifying a decision, predicting how an issue will be decided, or arguing for how it should be decided—one often is required to reach conclusions based on a balance of reasons that is not straightforwardly reducible to the application of rules. Recent AI and Law work has modeled reason-balancing, both within and across cases, with set-theoretic and rule- or value-ordering approaches. This article explores a way to model balancing in (...) quantitative terms that may yield new questions, insights, and tools. (shrink)

This article discusses the desirability and feasibility of modeling precedents with multiple interpretations within factor-based models of precedential constraint. The main idea is that allowing multiple reasonable interpretations of cases and modeling precedential constraint as a function of what all reasonable interpretations compel may be advantageous. The article explains the potential benefits of extending the models in this way with a focus on incorporating a theory of vertical precedent in U.S. federal appellate courts. It also considers the costs of extending (...) the models in this way, such as the significant increase in the functional size of the case base and the need to provide some kind of ordering on interpretations to select a “best” interpretation. Finally, the article suggests partially incorporating multiple interpretations of dimensions as a realistic starting point for incorporating interpretations generally, and shows how doing so can help address difficulties with dimensions. The conclusion remarks on the use of interpretations to deal with inconsistent precedents. (shrink)