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  1. Reasoning with dimensions and magnitudes.John Horty - 2019 - Artificial Intelligence and Law 27 (3):309-345.
    This paper shows how two models of precedential constraint can be broadened to include legal information represented through dimensions. I begin by describing a standard representation of legal cases based on boolean factors alone, and then reviewing two models of constraint developed within this standard setting. The first is the “result model”, supporting only a fortiori reasoning. The second is the “reason model”, supporting a richer notion of constraint, since it allows the reasons behind a court’s decisions to be taken (...)
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  • Try to See It My Way: Modelling Persuasion in Legal Discourse. [REVIEW]Trevor J. M. Bench-Capon - 2003 - Artificial Intelligence and Law 11 (4):271-287.
    In this paper I argue that to explain and resolve some kinds of disagreement we need to go beyond what logic alone can provide. In particular, following Perelman, I argue that we need to consider how arguments are ascribed different strengths by different audiences, according to how accepting these arguments promotes values favoured by the audience to which they are addressed. I show how we can extend the standard framework for modelling argumentation systems to allow different audiences to be represented. (...)
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  • Comparing Alternatives in the Law.Jaap Hage - 2004 - Artificial Intelligence and Law 12 (3):181-225.
    This paper argues the thesis that a particular style of reasoning, qualitative comparative reasoning (QCR), plays a role in at least three areas of legal reasoning that are central in AI and law research, namely legal theory construction, case-based reasoning in the form of case comparison, and legal proof. The paper gives an informal exposition of one particular way to deal with QCR, based on the author’s previous work on reason-based logic (RBL). Then it contains a substantially adapted formalisation of (...)
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  • Legal Case-Based Reasoning as Practical Reasoning.Katie Atkinson & Trevor Bench-Capon - 2005 - Artificial Intelligence and Law 13 (1):93-131.
    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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  • Argumentation in AI and Law: Editors' Introduction. [REVIEW]Trevor J. M. Bench-Capon & Paul E. Dunne - 2005 - Artificial Intelligence and Law 13 (1):1-8.
  • An Empirical Investigation of Reasoning with Legal Cases Through Theory Construction and Application.Alison Chorley & Trevor Bench-Capon - 2005 - Artificial Intelligence and Law 13 (3-4):323-371.
    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 (...)
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  • Modular Argumentation for Modelling Legal Doctrines in Common Law of Contract.Phan Minh Dung & Phan Minh Thang - 2009 - Artificial Intelligence and Law 17 (3):167-182.
    To create a programming environment for contract dispute resolution, we propose an extension of assumption-based argumentation into modular assumption-based argumentation in which different modules of argumentation representing different knowledge bases for reasoning about beliefs and facts and for representation and reasoning with the legal doctrines could be built and assembled together. A distinct novel feature of modular argumentation in compare with other modular logic-based systems like Prolog is that it allows references to different semantics in the same module at the (...)
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  • Using Argument Schemes for Hypothetical Reasoning in Law.Trevor Bench-Capon & Henry Prakken - 2010 - Artificial Intelligence and Law 18 (2):153-174.
    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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  • Doing Justice to Rights and Values: Teleological Reasoning and Proportionality. [REVIEW]Giovanni Sartor - 2010 - Artificial Intelligence and Law 18 (2):175-215.
    This paper studies how legal choices, and in particular legislative determinations, need to consider multiple rights and values, and can be assessed accordingly. First it is argued that legal norms (and in particular constitutional right-norms) often prescribe the pursuit of goals, which may be in conflict one with another. Then a model of teleological reasoning is brought to bear on choices affecting different goals, among which those prescribed by constitutional norms. An analytical framework is provided for evaluating such choices with (...)
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  • Representing Popov V Hayashi with Dimensions and Factors.T. J. M. Bench-Capon - 2012 - Artificial Intelligence and Law 20 (1):15-35.
    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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  • Reconstructing Popov V. Hayashi in a Framework for Argumentation with Structured Arguments and Dungean Semantics.Henry Prakken - 2012 - Artificial Intelligence and Law 20 (1):57-82.
    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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  • A History of AI and Law in 50 Papers: 25 Years of the International Conference on AI and Law. [REVIEW]Trevor Bench-Capon, Michał Araszkiewicz, Kevin Ashley, Katie Atkinson, Floris Bex, Filipe Borges, Daniele Bourcier, Paul Bourgine, Jack G. Conrad, Enrico Francesconi, Thomas F. Gordon, Guido Governatori, Jochen L. Leidner, David D. Lewis, Ronald P. Loui, L. Thorne McCarty, Henry Prakken, Frank Schilder, Erich Schweighofer, Paul Thompson, Alex Tyrrell, Bart Verheij, Douglas N. Walton & Adam Z. Wyner - 2012 - Artificial Intelligence and Law 20 (3):215-319.
    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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  • Norms and Value Based Reasoning: Justifying Compliance and Violation.Trevor Bench-Capon & Sanjay Modgil - 2017 - Artificial Intelligence and Law 25 (1):29-64.
    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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  • 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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  • Before and After Dung: Argumentation in AI and Law.T. J. M. Bench-Capon - forthcoming - Argument and Computation:1-18.
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  • AI & Law, Logic and Argument Schemes.Henry Prakken - 2005 - Argumentation 19 (3):303-320.
    This paper reviews the history of AI & Law research from the perspective of argument schemes. It starts with the observation that logic, although very well applicable to legal reasoning when there is uncertainty, vagueness and disagreement, is too abstract to give a fully satisfactory classification of legal argument types. It therefore needs to be supplemented with an argument-scheme approach, which classifies arguments not according to their logical form but according to their content, in particular, according to the roles that (...)
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  • Resources for Research on Analogy: A Multi-Disciplinary Guide.Marcello Guarini, Amy Butchart, Paul Simard Smith & Andrei Moldovan - 2009 - Informal Logic 29 (2):84-197.
    Work on analogy has been done from a number of disciplinary perspectives throughout the history of Western thought. This work is a multidisciplinary guide to theorizing about analogy. It contains 1,406 references, primarily to journal articles and monographs, and primarily to English language material. classical through to contemporary sources are included. The work is classified into eight different sections (with a number of subsections). A brief introduction to each section is provided. Keywords and key expressions of importance to research on (...)
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  • Modular Argumentation for Modelling Legal Doctrines of Performance Relief.Nguyen Duy Hung, Phan Minh Thang & Phan Minh Dung - 2010 - Argument and Computation 1 (1):47-69.
    We present an argument-based formalism of contract dispute resolution following a modern view that the court would resolve a contract dispute by enforcing an interpretation of contract that reasonably represents the mutual intention of contract parties. Legal doctrines provide principles, rules and guidelines for the court to objectively arrive at such an interpretation. In this paper, we establish the appropriateness of the formalism by applying it to resolve disputes about performance relief with the legal doctrines of impossibility and frustration of (...)
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