The research described here explores the idea of using Supreme Court oral arguments as pedagogical examples in first year classes to help students learn the role of hypothetical reasoning in law. The article presents examples of patterns of reasoning with hypotheticals in appellate legal argument and in the legal classroom and a process model of hypothetical reasoning that relates them to work in cognitive science and Artificial Intelligence. The process model describes the relationships between an advocate’s proposed test for deciding (...) a case or issue, the facts of the hypothetical and of the case to be decided, and the often conflicting legal principles and policies underlying the issue. The process model of hypothetical reasoning has been partially implemented in a computerized teaching environment, LARGO (“Legal ARgument Graph Observer”) that helps students identify, analyze, and reflect on episodes of hypothetical reasoning in oral argument transcripts. Using LARGO, students reconstruct examples of hypothetical reasoning in the oral arguments by representing them in simple diagrams that focus students on the proposed test, the hypothetical challenge to the test, and the responses to the challenge. The program analyzes the diagrams and provides feedback to help students complete the diagrams and reflect on the significance of the hypothetical reasoning in the argument. The article reports the results of experiments evaluating instruction of first year law students at the University of Pittsburgh using the LARGO program as applied to Supreme Court personal jurisdiction cases. The learning results so far have been mixed. Instruction with LARGO has been shown to help law student volunteers with lower LSAT scores learn skills and knowledge regarding hypothetical reasoning better than a text-based approach, but not when the students were required to participate. On the other hand, the diagrams students produce with LARGO have been shown to have some diagnostic value, distinguishing among law students on the basis of LSAT scores, posttest performance, and years in law school. This lends support to the underlying model of hypothetical argument and suggests using LARGO as a pedagogically diagnostic tool. (shrink)

In recent years several proposals to view reasoning with legal cases as theory construction have been advanced. The most detailed of these is that of Bench-Capon and Sartor, which uses facts, rules, values and preferences to build a theory designed to explain the decisions in a set of cases. In this paper we describe CATE (CAse Theory Editor), a tool intended to support the construction of theories as described by Bench-Capon and Sartor, and which produces executable code corresponding to a (...) theory. CATE has been used in a series of experiments intended to explore a number of issues relating to such theories, including how the theories should be constructed, how sets of values should be compared, and the representation of cases using structured values as opposed to factors. (shrink)

The centrality of argumentation in the judicial process is an age-old acquisition of research on legal discourse. Notwithstanding the deep insights provided by legal theoretical and philosophical works, only recently has judicial argumentation been tackled in its linguistic dimension. This paper aims to contribute to the development of linguistic studies of judicial argumentation, by shedding light on evaluation as a prominent aspect in the construction of the judge’s argumentative position. Evaluation as a deep structure of judicial argumentation is studied from (...) a discursive point of view entailing the analysis of a sample of authentic judicial language. Evaluative lexis is investigated within a single genre of judicial discourse, i.e. judgments, instantiated by a corpus of US Supreme Court judgments. Findings show that judges use diversified strategies to take stance as they organise their argumentative discourse: from easily recognisable verbal and adjectival tools to more finely-grained discourse elements such as the encapsulating pattern ‘this/these/that/those + labelling noun’. (shrink)

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)