Using argument schemes for hypothetical reasoning in law

Artificial Intelligence and Law 18 (2):153-174 (2010)
Abstract
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. The result is compared with Rissland’s ( 1989 ) analysis in terms of dimensions and Ashley’s ( 2008 ) analysis in terms of his process model of legal argument with hypotheticals
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