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  1. How much of commonsense and legal reasoning is formalizable? A review of conceptual obstacles.James Franklin - 2012 - Law, Probability and Risk 11:225-245.
    Fifty years of effort in artificial intelligence (AI) and the formalization of legal reasoning have produced both successes and failures. Considerable success in organizing and displaying evidence and its interrelationships has been accompanied by failure to achieve the original ambition of AI as applied to law: fully automated legal decision-making. The obstacles to formalizing legal reasoning have proved to be the same ones that make the formalization of commonsense reasoning so difficult, and are most evident where legal reasoning has to (...)
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  • Accommodating change.Latifa Al-Abdulkarim, Katie Atkinson & Trevor Bench-Capon - 2016 - Artificial Intelligence and Law 24 (4):409-427.
    The third of Berman and Hafner’s early nineties papers on reasoning with legal cases concerned temporal context, in particular the evolution of case law doctrine over time in response to new cases and against a changing background of social values and purposes. In this paper we consider the ways in which changes in case law doctrine can be accommodated in a recently proposed methodology for encapsulating case law theories, and relate these changes the sources of change identified by Berman and (...)
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  • Two factor-based models of precedential constraint: a comparison and proposal.Robert Mullins - 2023 - Artificial Intelligence and Law 31 (4):703-738.
    The article considers two different interpretations of the reason model of precedent pioneered by John Horty. On a plausible interpretation of the reason model, past cases provide reasons to prioritize reasons favouring the same outcome as a past case over reasons favouring the opposing outcome. Here I consider the merits of this approach to the role of precedent in legal reasoning in comparison with a closely related view favoured by some legal theorists, according to which past cases provide reasons for (...)
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  • Argumentation schemes in AI: A literature review. Introduction to the special issue.Fabrizio Macagno - 2021 - Argument and Computation 12 (3):287-302.
    Argumentation schemes [1–3] are a relatively recent notion that continues an extremely ancient debate on one of the foundations of human reasoning, human comprehension, and obviously human argumentation, i.e., the topics. To understand the revolutionary nature of Walton’s work on this subject matter, it is necessary to place it in the debate that it continues and contributes to, namely a view of logic that is much broader than the formalistic perspective that has been adopted from the 20th century until nowadays. (...)
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  • Argumentation schemes in AI and Law.Katie Atkinson & Trevor Bench-Capon - 2021 - Argument and Computation 12 (3):417-434.
    In this paper we describe the impact that Walton’s conception of argumentation schemes had on AI and Law research. We will discuss developments in argumentation in AI and Law before Walton’s schemes became known in that community, and the issues that were current in that work. We will then show how Walton’s schemes provided a means of addressing all of those issues, and so supplied a unifying perspective from which to view argumentation in AI and Law.
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  • Similarity, precedent and argument from analogy.Douglas Walton - 2010 - Artificial Intelligence and Law 18 (3):217-246.
    In this paper, it is shown (1) that there are two schemes for argument from analogy that seem to be competitors but are not, (2) how one of them is based on a distinctive type of similarity premise, (3) how to analyze the notion of similarity using story schemes illustrated by some cases, (4) how arguments from precedent are based on arguments from analogy, and in many instances arguments from classification, and (5) that when similarity is defined by means of (...)
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  • Thirty years of Artificial Intelligence and Law: the first decade. [REVIEW]Guido Governatori, Trevor Bench-Capon, Bart Verheij, Michał Araszkiewicz, Enrico Francesconi & Matthias Grabmair - 2022 - Artificial Intelligence and Law 30 (4):481-519.
    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.
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  • Explanation in AI and law: Past, present and future.Katie Atkinson, Trevor Bench-Capon & Danushka Bollegala - 2020 - Artificial Intelligence 289 (C):103387.
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  • In memoriam Douglas N. Walton: the influence of Doug Walton on AI and law.Katie Atkinson, Trevor Bench-Capon, Floris Bex, Thomas F. Gordon, Henry Prakken, Giovanni Sartor & Bart Verheij - 2020 - Artificial Intelligence and Law 28 (3):281-326.
    Doug Walton, who died in January 2020, was a prolific author whose work in informal logic and argumentation had a profound influence on Artificial Intelligence, including Artificial Intelligence and Law. He was also very interested in interdisciplinary work, and a frequent and generous collaborator. In this paper seven leading researchers in AI and Law, all past programme chairs of the International Conference on AI and Law who have worked with him, describe his influence on their work.
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  • HYPO's legacy: introduction to the virtual special issue.T. J. M. Bench-Capon - 2017 - Artificial Intelligence and Law 25 (2):205-250.
    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 (...)
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  • A methodology for designing systems to reason with legal cases using Abstract Dialectical Frameworks.Latifa Al-Abdulkarim, Katie Atkinson & Trevor Bench-Capon - 2016 - Artificial Intelligence and Law 24 (1):1-49.
    This paper presents a methodology to design and implement programs intended to decide cases, described as sets of factors, according to a theory of a particular domain based on a set of precedent cases relating to that domain. We useDialectical Frameworks, a recent development in AI knowledge representation, as the central feature of our design method. ADFs will play a role akin to that played by Entity–Relationship models in the design of database systems. First, we explain how the factor hierarchy (...)
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  • Thirty years of Artificial Intelligence and Law: the second decade.Giovanni Sartor, Michał Araszkiewicz, Katie Atkinson, Floris Bex, Tom van Engers, Enrico Francesconi, Henry Prakken, Giovanni Sileno, Frank Schilder, Adam Wyner & Trevor Bench-Capon - 2022 - Artificial Intelligence and Law 30 (4):521-557.
    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 (...)
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  • Baseballs and arguments from fairness.Douglas Walton - 2014 - Artificial Intelligence and Law 22 (4):423-449.
    This paper applies two argumentation schemes, argument from fairness and argument from lack of knowledge (along with other schemes of lesser prominence) to model the reasoning given by Judge McCarthy supporting his decision to divide the proceeds of a homerun baseball in the case of Popov v. Hayashi. Several versions of both schemes are explained and discussed, and then applied to the argumentation given by Judge McCarthy as the basis of the reasoning used to arrive at his decision. The scheme (...)
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  • Before and after Dung: Argumentation in AI and Law.T. J. M. Bench-Capon - 2020 - Argument and Computation 11 (1-2):221-238.
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