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References in:
Artificial intelligence as law [Book Review]
Artificial Intelligence and Law 28 (2):181-206 (2020)
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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 (...) |
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We discuss five kinds of representations of rationales and provide a formal account of how they can alter disputation. The formal model of disputation is derived from recent work in argument. The five kinds of rationales are compilation rationales, which can be represented without assuming domain-knowledge (such as utilities) beyond that normally required for argument. The principal thesis is that such rationales can be analyzed in a framework of argument not too different from what AI already has. The result is (...) |
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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 (...) |
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Bayesian networks (BN) and argumentation diagrams (AD) are two predominant approaches to legal evidential reasoning, that are often treated as alternatives to one another. This paper argues that they are, instead, complimentary and proposes the beginnings of a method to employ them in such a manner. The Bayesian approach tends to be used as a means to analyse the findings of forensic scientists. As such, it constitutes a means to perform evidential reasoning. The design of Bayesian networks that accurately and (...) |
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The primary aim of this chapter is to explain the nature of evidential reasoning, the characteristic difficulties encountered, and the tools to address these difficulties. Our focus is on evidential reasoning in criminal cases. There is an extensive scholarly literature on these topics, and it is a secondary aim of the chapter to provide readers the means to find their way in historical and ongoing debates. |
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This paper presents a theory of reasoning with evidence in order to determine the facts in a criminal case. The focus is on the process of proof, in which the facts of the case are determined, rather than on related legal issues, such as the admissibility of evidence. In the literature, two approaches to reasoning with evidence can be distinguished, one argument-based and one story-based. In an argument-based approach to reasoning with evidence, the reasons for and against the occurrence of (...) |
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Much work on legal knowledge systems treats legal reasoning as arguments that lead from a description of the law and the facts of a case, to the legal conclusion for the case. The reasoning steps of the inference engine parallel the logical steps by means of which the legal conclusion is derived from the factual and legal premises. In short, the relation between the input and the output of a legal inference engine is a logical one. The truth of the (...) |
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Computational models of relevance in case-based legal reasoning have traditionallybeen based on algorithms for comparing the facts and substantive legal issues of aprior case to those of a new case. In this paper we argue that robust models ofcase-based legal reasoning must also consider the broader social and jurisprudentialcontext in which legal precedents are decided. We analyze three aspects of legalcontext: the teleological relations that connect legal precedents to the socialvalues and policies they serve, the temporal relations between prior andsubsequent (...) |
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In this paper we investigate how to represent and reason about legal abrogations and annulments in Defeasible Logic. We examine some options that embed in this setting, and in similar rule-based systems, ideas from belief and base revision. In both cases, our conclusion is negative, which suggests to adopt a different logical model. This model expresses temporal aspects of legal rules, and distinguishes between two main timelines, one internal to a given temporal version of the legal system, and another relative (...) |
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We present a formal, mathematical model of argument structure and evaluation, taking seriously the procedural and dialogical aspects of argumentation. The model applies proof standards to determine the acceptability of statements on an issue-by-issue basis. The model uses different types of premises (ordinary premises, assumptions and exceptions) and information about the dialectical status of statements (stated, questioned, accepted or rejected) to allow the burden of proof to be allocated to the proponent or the respondent, as appropriate, for each premise separately. (...) |
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Legislation usually lacks a systematic organization which makes the management and the access to norms a hard problem to face. A more analytic semantic unit of reference (provision) for legislative texts was identified. A model of provisions (provisions types and their arguments) allows to describe the semantics of rules in legislative texts. It can be used to develop advanced semantic-based applications and services on legislation. In this paper an automatic bottom-up strategy to qualify existing legislative texts in terms of provision (...) |
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A Bayesian network (BN) is a graphical model of uncertainty that is especially well suited to legal arguments. It enables us to visualize and model dependencies between different hypotheses and pieces of evidence and to calculate the revised probability beliefs about all uncertain factors when any piece of new evidence is presented. Although BNs have been widely discussed and recently used in the context of legal arguments, there is no systematic, repeatable method for modeling legal arguments as BNs. Hence, where (...) |
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When a suspect appears in front of a criminal court, there is a high probability that he will be found guilty. In the USA, statistics for recent years show that the conviction rate in federal courts is roughly 90%, and in Japan reaches as high a rate as 99%. |
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This book provides a systematic analysis of many common argumentation schemes and a compendium of 96 schemes. The study of these schemes, or forms of argument that capture stereotypical patterns of human reasoning, is at the core of argumentation research. Surveying all aspects of argumentation schemes from the ground up, the book takes the reader from the elementary exposition in the first chapter to the latest state of the art in the research efforts to formalize and classify the schemes, outlined (...) |
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In this article we describe two core ontologies of law that specify knowledge that is common to all domains of law. The first one, FOLaw describes and explains dependencies between types of knowledge in legal reasoning; the second one, LRI-Core ontology, captures the main concepts in legal information processing. Although FOLaw has shown to be of high practical value in various applied European ICT projects, its reuse is rather limited as it is rather concerned with the structure of legal reasoning (...) |
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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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In this paper, we look at reasoning with evidence and facts in criminal cases. We show how this reasoning may be analysed in a dialectical way by means of critical questions that point to typical sources of doubt. We discuss critical questions about the evidential arguments adduced, about the narrative accounts of the facts considered, and about the way in which the arguments and narratives are connected in an analysis. Our treatment shows how two different types of knowledge, represented as (...) |
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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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We provide a retrospective of 25 years of the International Conference on AI and Law, which was first held in 1987. Fifty papers have been selected from the thirteen conferences and each of them is described in a short subsection individually written by one of the 24 authors. These subsections attempt to place the paper discussed in the context of the development of AI and Law, while often offering some personal reactions and reflections. As a whole, the subsections build into (...) |
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In this paper we apply a general account of practical reasoning to arguing about legal cases. In particular, we provide a reconstruction of the reasoning of the majority and dissenting opinions for a particular well-known case from property law. This is done through the use of Belief-Desire-Intention (BDI) agents to replicate the contrasting views involved in the actual decision. This reconstruction suggests that the reasoning involved can be separated into three distinct levels: factual and normative levels and a level connecting (...) |
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The paper gives ontologies in the Web Ontology Language (OWL) for Legal Case-based Reasoning (LCBR) systems, giving explicit, formal, and general specifications of a conceptualisation LCBR. Ontologies for different systems allows comparison and contrast between them. OWL ontologies are standardised, machine-readable formats that support automated processing with Semantic Web applications. Intermediate concepts, concepts between base-level concepts and higher level concepts, are central in LCBR. The main issues and their relevance to ontological reasoning and to LCBR are discussed. Two LCBR systems (...) |
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In a criminal trial, a judge or jury needs to reason about what happened based on the available evidence, often including statistical evidence. While a probabilistic approach is suitable for analysing the statistical evidence, a judge or jury may be more inclined to use a narrative or argumentative approach when considering the case as a whole. In this paper we propose a combination of two approaches, combining Bayesian networks with scenarios. Whereas a Bayesian network is a popular tool for analysing (...) |
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In a criminal trial, evidence is used to draw conclusions about what happened concerning a supposed crime. Traditionally, the three main approaches to modeling reasoning with evidence are argumentative, narrative and probabilistic approaches. Integrating these three approaches could arguably enhance the communication between an expert and a judge or jury. In previous work, techniques were proposed to represent narratives in a Bayesian network and to use narratives as a basis for systematizing the construction of a Bayesian network for a legal (...) |
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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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Evidential reasoning is hard, and errors can lead to miscarriages of justice with serious consequences. Analytic methods for the correct handling of evidence come in different styles, typically focusing on one of three tools: arguments, scenarios or probabilities. Recent research used Bayesian networks for connecting arguments, scenarios, and probabilities. Well-known issues with Bayesian networks were encountered: More numbers are needed than are available, and there is a risk of misinterpretation of the graph underlying the Bayesian network, for instance as a (...) |
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The persuasiveness of an argument depends on the values promoted and demoted by the position defended. This idea, inspired by Perelman’s work on argumentation, has become a prominent theme in artificial intelligence research on argumentation since the work by Hafner and Berman on teleological reasoning in the law, and was further developed by Bench-Capon in his value-based argumentation frameworks. One theme in the study of value-guided argumentation is the comparison of values. Formal models involving value comparison typically use either qualitative (...) |
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This paper is one in a series of rational analyses of the Dutch Simonshaven case, each using a different theoretical perspective. The theoretical perspectives discussed in the literature typically use arguments, scenarios, and probabilities, in various combinations. The theoretical perspective on evidential reasoning used in this paper has been designed to connect arguments, scenarios, and probabilities in a single formal modeling approach, in an attempt to investigate bridges between qualitative and quantitative analytic styles. The theoretical perspective uses the recently proposed (...) |
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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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We present our method for tackling a legal case retrieval task by introducing our method of encoding documents by summarizing them into continuous vector space via our phrase scoring framework utilizing deep neural networks. On the other hand, we explore the benefits from combining lexical features and latent features generated with neural networks. Our experiments show that lexical features and latent features generated with neural networks complement each other to improve the retrieval system performance. Furthermore, our experimental results suggest the (...) |
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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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We present a reference model for finding evidence of discrimination in datasets of historical decision records in socially sensitive tasks, including access to credit, mortgage, insurance, labor market and other benefits. We formalize the process of direct and indirect discrimination discovery in a rule-based framework, by modelling protected-by-law groups, such as minorities or disadvantaged segments, and contexts where discrimination occurs. Classification rules, extracted from the historical records, allow for unveiling contexts of unlawful discrimination, where the degree of burden over protected-by-law (...) |
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Law and legal reasoning are a natural target for artificial intelligence systems. Like medical diagnosis and other tasks for expert systems, legal analysis is a matter of interpreting data in terms of higher-level concepts. But in law the data are more like those for a system aimed at understanding natural language: they tell a story about human events that may lead to a lawsuit. Statements of the law, too, are written in natural language and legal arguments are often arguments about (...) |
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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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"A sequel to Pollock's How to Build a Person, this volume builds upon that theoretical groundwork for the implementation of rationality through artificial ... |
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This book provides a systematic analysis of many common argumentation schemes and a compendium of 96 schemes. The study of these schemes, or forms of argument that capture stereotypical patterns of human reasoning, is at the core of argumentation research. Surveying all aspects of argumentation schemes from the ground up, the book takes the reader from the elementary exposition in the first chapter to the latest state of the art in the research efforts to formalize and classify the schemes, outlined (...) |
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The Handbook of Formal Argumentation is a community effort aimed at providing a comprehensive and up-to-date view of the state of the art and current trends in the lively research field of formal argumentation. The first volume of the Handbook is organised into five parts, containing nineteen chapters in all, each written by leading experts in the field. The first part provides a general and historical perspective on the field. The second part gives a comprehensive coverage of the argumentation formalisms (...) |
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Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the (...) |
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In The Uses of Argument, Stephen Toulmin proposed a model for the layout of arguments: claim, data, warrant, qualifier, rebuttal, backing. Since then, Toulmin’s model has been appropriated, adapted and extended by researchers in speech communications, philosophy and artificial intelligence. This book assembles the best contemporary reflection in these fields, extending or challenging Toulmin’s ideas in ways that make fresh contributions to the theory of analysing and evaluating arguments. |
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The Pleadings Game is a major contribution to artificial intelligence and legal theory. The book draws on jurisprudence and moral philosophy to develop a formal model of argumentation called the pleadings game. From a technical perspective, the work can be viewed as an extension of recent argumentation-based approaches to non-monotonic logic: (1) the game is dialogical rather than mono-logical; (2) the validity and priority of defeasible rules is subject to debate; and (3) resource limitations are acknowledged by rules for fairly (...) |
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