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Compliance is often achieved ‘by design’ through a coherent system of controls consisting of information systems and procedures. This system-based control requires a new approach to auditing in which companies must demonstrate to the regulator that they are ‘in control’. They must determine the relevance of a regulation for their business, justify which set of control measures they have taken to comply with it, and demonstrate that the control measures are operationally effective. In this paper we show how value-based argumentation (...) |
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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 (...) |
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This paper proposes a model ofratio decidendi as a justification structure consisting of a series of reasoning steps, some of which relate abstract predicates to other abstract predicates and some of which relate abstract predicates to specific facts. This model satisfies an important set of characteristics ofratio decidendi identified from the jurisprudential literature. In particular, the model shows how the theory under which a case is decided controls its precedential effect. By contrast, a purely exemplar-based model ofratio decidendi fails to (...) |
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This paper studies the modelling of legal reasoning about evidence within general theories of defeasible reasoning and argumentation. In particular, Wigmore's method for charting evidence and its use by modern legal evidence scholars is studied in order to give a formal underpinning in terms of logics for defeasible argumentation. Two notions turn out to be crucial, viz. argumentation schemes and empirical generalisations. |
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This paper studies the use of hypothetical and value-based reasoning in US Supreme-Court cases concerning the United States Fourth Amendment. Drawing upon formal AI & Law models of legal argument a semi-formal reconstruction is given of parts of the Carney case, which has been studied previously in AI & law research on case-based reasoning. As part of the reconstruction, a semi-formal proposal is made for extending the formal AI & Law models with forms of metalevel reasoning in several argument schemes. (...) |
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Modelling reasoning with legal cases has been a central concern of AI and Law since the 1980s. The approach which represents cases as factors and dimensions has been a central part of that work. In this paper I consider how several varieties of the approach can be applied to the interesting case of Popov v Hayashi. After briefly reviewing some of the key landmarks of the approach, the case is represented in terms of factors and dimensions, and further explored using (...) |
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There is an increasing need for norms to be embedded in technology as the widespread deployment of applications such as autonomous driving, warfare and big data analysis for crime fighting and counter-terrorism becomes ever closer. Current approaches to norms in multi-agent systems tend either to simply make prohibited actions unavailable, or to provide a set of rules which the agent is obliged to follow, either as part of its design or to avoid sanctions and punishments. In this paper we argue (...) |
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This paper discusses some engineering considerations that should be taken into account when building a knowledge based system, and recommends isomorphism, the well defined correspondence of the knowledge base to the source texts, as a basic principle of system construction in the legal domain. Isomorphism, as it has been used in the field of legal knowledge based systems, is characterised and the benefits which stem from its use are described. Some objections to and limitations of the approach are discussed. The (...) |
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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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In this paper we describe a method for the specification of computationalmodels of argument using dialogue games. The method, which consists ofsupplying a set of semantic definitions for the performatives making upthe game, together with a state transition diagram, is described in full.Its use is illustrated by some examples of varying complexity, includingtwo complete specifications of particular dialogue games, Mackenzie's DC,and the authors' own TDG. The latter is also illustrated by a fully workedexample illustrating all the features of the game. |
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Reasoning with cases has been a primary focus of those working in AI and law who have attempted to model legal reasoning. In this paper we put forward a formal model of reasoning with cases which captures many of the insights from that previous work. We begin by stating our view of reasoning with cases as a process of constructing, evaluating and applying a theory. Central to our model is a view of the relationship between cases, rules based on cases, (...) |
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In this paper we describe an approach to practical reasoning, reasoning about what it is best for a particular agent to do in a given situation, based on presumptive justifications of action through the instantiation of an argument scheme, which is then subject to examination through a series of critical questions. We identify three particular aspects of practical reasoning which distinguish it from theoretical reasoning. We next provide an argument scheme and an associated set of critical questions which is able (...) |
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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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Work on a computer program called SMILE + IBP (SMart Index Learner Plus Issue-Based Prediction) bridges case-based reasoning and extracting information from texts. The program addresses a technologically challenging task that is also very relevant from a legal viewpoint: to extract information from textual descriptions of the facts of decided cases and apply that information to predict the outcomes of new cases. The program attempts to automatically classify textual descriptions of the facts of legal problems in terms of Factors, a (...) |
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The first issue of _Artificial Intelligence and Law_ journal was published in 1992. This paper discusses several topics that relate more naturally to groups of papers than a single paper published in the journal: ontologies, reasoning about evidence, the various contributions of Douglas Walton, and the practical application of the techniques of AI and Law. |
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A study in the logic of theory change, examining the properties of maxichoice contraction and revision operations. |
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This paper extends earlier work by its authors on formal aspects of the processes of contracting a theory to eliminate a proposition and revising a theory to introduce a proposition. In the course of the earlier work, Gardenfors developed general postulates of a more or less equational nature for such processes, whilst Alchourron and Makinson studied the particular case of contraction functions that are maximal, in the sense of yielding a maximal subset of the theory (or alternatively, of one of (...) |
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This paper is concerned with formal aspects of the logic of theory change, and in particular with the process of shrinking or contracting a theory to eliminate a proposition. It continues work in the area by the authors and Peter Gärdenfors. The paper defines a notion of safe contraction of a set of propositions, shows that it satisfies the Gärdenfors postulates for contraction and thus can be represented as a partial meet contraction, and studies its properties both in general and (...) |
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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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In this article I argue for rule-based, non-monotonic theories of common law judicial reasoning and improve upon one such theory offered by Horty and Bench-Capon. The improvements reveal some of the interconnections between formal theories of judicial reasoning and traditional issues within jurisprudence regarding the notions of the ratio decidendi and obiter dicta. Though I do not purport to resolve the long-standing jurisprudential issues here, it is beneficial for theorists both of legal philosophy and formalizing legal reasoning to see where (...) |
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We describe PADUA, a protocol designed to support two agents debating a classification by offering arguments based on association rules mined from individual datasets. We motivate the style of argumentation supported by PADUA, and describe the protocol. We discuss the strategies and tactics that can be employed by agents participating in a PADUA dialogue. PADUA is applied to a typical problem in the classification of routine claims for a hypothetical welfare benefit. We particularly address the problems that arise from the (...) |
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Although studies have yielded a detailed taxonomy of types of slippery slope arguments, they have failed to identify a basic argumentation scheme that applies to all. Therefore, there is no way of telling whether a given argument is a slippery slope argument or not. This paper solves the problem by providing a basic argumentation scheme. The scheme is shown to fit a clear and easily comprehensible example of a slippery slope argument that strongly appears to be reasonable, something that has (...) |
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In some recent cases in Anglo-American law juries ruled contrary to an expert's testimony even though that testimony was never challenged, contradicted or questioned in the trial. These cases are shown to raise some theoretical questions about formal dialogue systems in computational dialectical systems for legal argumentation of the kind recently surveyed by Bench-Capon (1997) and Hage (2000) in this journal. In such systems, there is a burden of proof, meaning that if the respondent questions an argument, the proponent is (...) |
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There is a growing interest in how people conceptualise the legal domain for the purpose of legal knowledge systems. In this paper we discuss four such conceptualisations (referred to as ontologies): McCarty's language for legal discourse, Stamper's norma formalism, Valente's functional ontology of law, and the ontology of Van Kralingen and Visser. We present criteria for a comparison of the ontologies and discuss the strengths and weaknesses of the ontologies in relation to these criteria. Moreover, we critically review the criteria. |
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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, (...) |
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This paper describes an approach to legal logic based on the formal analysis of argumentation schemes. Argumentation schemes a notion borrowed from the .eld of argumentation theory - are a kind of generalized rules of inference, in the sense that they express that given certain premises a particular conclusion can be drawn. However, argumentation schemes need not concern strict, abstract, necessarily valid patterns of reasoning, but can be defeasible, concrete and contingently valid, i.e., valid in certain contexts or under certain (...) |
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Information technology is so ubiquitous and AI’s progress so inspiring that also legal professionals experience its benefits and have high expectations. At the same time, the powers of AI have been rising so strongly that it is no longer obvious that AI applications (whether in the law or elsewhere) help promoting a good society; in fact they are sometimes harmful. Hence many argue that safeguards are needed for AI to be trustworthy, social, responsible, humane, ethical. In short: AI should be (...) |
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In the law, it is generally acknowledged that there are intuitive differences between reasoning with rules and reasoning with principles. For instance, a rule seems to lead directly to its conclusion if its condition is satisfied, while a principle seems to lead merely to a reason for its conclusion. However, the implications of these intuitive differences for the logical status of rules and principles remain controversial.A radical opinion has been put forward by Dworkin (1978). The intuitive differences led him to (...) |
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Few automated legal reasoning systems have been developed in domains of law in which a judicial decision maker has extensive discretion in the exercise of his or her powers. Discretionary domains challenge existing artificial intelligence paradigms because models of judicial reasoning are difficult, if not impossible to specify. We argue that judicial discretion adds to the characterisation of law as open textured in a way which has not been addressed by artificial intelligence and law researchers in depth. We demonstrate that (...) |
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We discuss several aspects of legal arguments, primarily arguments about the meaning of statutes. First, we discuss how the requirements of argument guide the specification and selection of supporting cases and how an existing case base influences argument formation. Second, we present,our evolving taxonomy of patterns of actual legal argument. This taxonomy builds upon our much earlier work on argument moves and also on our more recent analysis of how cases are used to support arguments for the interpretation of legal (...) |
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We present a mathematical approach to defeasible reasoning based on arguments. This approach integrates the notion of specificity introduced by Poole and the theory of warrant presented by Pollock. The main contribution of this paper is a precise, well-defined system which exhibits correct behavior when applied to the benchmark examples in the literature. It aims for usability rather than novelty. We prove that an order relation can be introduced among equivalence classes of arguments under the equi-specificity relation. We also prove (...) |
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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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This article proposes a formal analysis of a fundamental aspect of legal reasoning: dealing with normative conflicts. Firstly, examples are illustrated concerning the dynamics of legal systems, the application of rules and exceptions, and the semantic indeterminacy of legal sources. Then two approaches to cope with conflicting information are presented: the preferred theories of Brewka, and the belief change functions of Alchourrón, Gärdenfors, and Makinson. The relations between those approaches are closely examined, and some aspects of a model of reasoning (...) |
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In this article we evaluate the BankXX program from several perspectives. BankXX is a case-based legal argument program that retrieves cases and other legal knowledge pertinent to a legal argument through a combination of heuristic search and knowledge-based indexing. The program is described in detail in a companion article in Artificial Intelligence and Law 4: 1--71, 1996. Three perspectives are used to evaluate BankXX:(1) classical information retrieval measures of precision and recall applied against a hand-coded baseline; (2) knowledge-representation and case-based (...) |
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The BankXX system models the process of perusing and gathering information for argument as a heuristic best-first search for relevant cases, theories, and other domain-specific information. As BankXX searches its heterogeneous and highly interconnected network of domain knowledge, information is incrementally analyzed and amalgamated into a dozen desirable ingredients for argument (called argument pieces), such as citations to cases, applications of legal theories, and references to prototypical factual scenarios. At the conclusion of the search, BankXX outputs the set of argument (...) |
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In this article the argumentation structure of the court’s decision in the Popov v. Hayashi case is formalised in Prakken’s (Argument Comput 1:93–124; 2010) abstract framework for argument-based inference with structured arguments. In this framework, arguments are inference trees formed by applying two kinds of inference rules, strict and defeasible rules. Arguments can be attacked in three ways: attacking a premise, attacking a conclusion and attacking an inference. To resolve such conflicts, preferences may be used, which leads to three corresponding (...) |
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Autonomous vehicles are one of the most spectacular recent developments of Artificial Intelligence. Among the problems that still need to be solved before they can fully autonomously participate in traffic is the one of making their behaviour conform to the traffic laws. This paper discusses this problem by way of a case study of Dutch traffic law. First it is discussed to what extent Dutch traffic law exhibits features that are traditionally said to pose challenges for AI & Law models, (...) |
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In this paper several recent factor- and dimension-based models of precedential constraint are formally investigated and an alternative dimension-based model is proposed. Simple factor- and dimension-based syntactic criteria are identified for checking whether a decision in a new case is forced, in terms of the relevant differences between a precedent and a new case, and the difference between absence of factors and negated factors in factor-based models is investigated. Then Horty’s and Rigoni’s recent dimension-based models of precedential constraint are critically (...) |
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This article presents a formal dialogue game for adjudication dialogues. Existing AI & law models of legal dialogues and argumentation-theoretic models of persuasion are extended with a neutral third party, to give a more realistic account of the adjudicator’s role in legal procedures. The main feature of the model is a division into an argumentation phase, where the adversaries plea their case and the adjudicator has a largely mediating role, and a decision phase, where the adjudicator decides the dispute on (...) |
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An abstract framework for structured arguments is presented, which instantiates Dung's ('On the Acceptability of Arguments and its Fundamental Role in Nonmonotonic Reasoning, Logic Programming, and n- Person Games', Artificial Intelligence , 77, 321-357) abstract argumentation frameworks. Arguments are defined as inference trees formed by applying two kinds of inference rules: strict and defeasible rules. This naturally leads to three ways of attacking an argument: attacking a premise, attacking a conclusion and attacking an inference. To resolve such attacks, preferences may (...) |
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Inspired by legal reasoning, this paper presents a formal framework for assessing conflicting arguments. Its use is illustrated with applications to realistic legal examples, and the potential for implementation is discussed. The framework has the form of a logical system for defeasible argumentation. Its language, which is of a logic-programming-like nature, has both weak and explicit negation, and conflicts between arguments are decided with the help of priorities on the rules. An important feature of the system is that these priorities (...) |
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