10 found
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  1.  24
    A Model of Legal Reasoning with Cases Incorporating Theories and Values.Trevor J. M. Bench-Capon & Giovanni Sartor - 2003 - Artificial Intelligence 150 (1-2):97-143.
    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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  2.  50
    Practical Reasoning as Presumptive Argumentation Using Action-Based Alternating Transition Systems.Katie Atkinson & Trevor J. M. Bench-Capon - 2007 - Artificial Intelligence 171 (10-15):855-874.
    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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  3.  33
    A Factor-Based Definition of Precedential Constraint.John F. Horty & Trevor J. M. Bench-Capon - 2012 - Artificial Intelligence and Law 20 (2):181-214.
    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. (...)
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  4.  49
    A Comparison of Four Ontologies for the Design of Legal Knowledge Systems.Pepijn R. S. Visser & Trevor J. M. Bench-Capon - 1998 - Artificial Intelligence and Law 6 (1):27-57.
    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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  5.  37
    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.
  6.  17
    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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  7.  27
    George C. Christie, the Notion of an Ideal Audience in Legal Argument.Trevor J. M. Bench-Capon - 2001 - Artificial Intelligence and Law 9 (1):59-71.
  8. Zenon Bankowski, Ian White, and Ulrike Hahn, Informatics and the Foundations of Legal Reasoning.Trevor J. M. Bench-Capon - 1999 - Artificial Intelligence and Law 7 (4):363-365.
  9.  3
    Establishing Norms with Metanorms in Distributed Computational Systems.Samhar Mahmoud, Nathan Griffiths, Jeroen Keppens, Adel Taweel, Trevor J. M. Bench-Capon & Michael Luck - 2015 - Artificial Intelligence and Law 23 (4):367-407.
  10.  2
    Transition Systems for Designing and Reasoning About Norms.Trevor J. M. Bench-Capon - 2015 - Artificial Intelligence and Law 23 (4):345-366.