Modeling legal argument - reasoning with cases and hypotheticals
نویسنده
چکیده
Modeling Legal Argument: Reasoning with Cases and Hypotheticals 1 is the second book in the series on Artificial Intelligence and Legal Reasoning edited by L. Thome McCarty and Edwina Rissland, two of the leaders in a relatively new field that attempts to apply techniques of computer science, formal decision theory, and artificial intelligence ("AT") to law and legal reasoning. Like the previous volume in this series, 2 this is a revision of a doctoral dissertation in computer science. Its author, Kevin Ashley, is a Harvard Law School graduate who is now a Research Scientist at the Learning Research and Development Center and Assistant Professor of Law at the University of Pittsburgh. I do not come to this book with formal training in computer science or the theory of artificial intelligence, so my aim is not to review the book from the perspective of an insider to those or related fields. Thus I do not evaluate Ashley's technical programming skills or the elegance of his computational models. Rather, as a user and teacher of the theory and practice of legal research and legal information, my goal is to consider this book from the perspective of a knowledgeable consumer of the insights potentially offered by those who strive to model legal reasoning in more formal ways. If what this new field has yet produced remains too internal for those situated as I am, it may indicate something about
منابع مشابه
A case study of hypothetical and value-based reasoning in US Supreme-Court cases
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. The result is compared with Rissland’s (1989) analysis...
متن کاملReasoning with Cases and Hypotheticals in HYPO
HYPO is a case-based reasoning system that evaluates problems by comparing and contrasting them with cases from its Case Knowledge Base (CICB). It generates legal arguments citing the past cases as justifications for legal conclusions about who should win in problem disputes involving trade secret law. HYPO’s arguments present competing adversarial views of the problem and it poses hypothetical...
متن کاملToward Modeling and Teaching Legal Case-Based Adaptation with Expert Examples
Studying examples of expert case-based adaptation could advance computational modeling but only if the examples can be succinctly represented and reliably interpreted. Supreme Court justices pose hypothetical cases, often adapting precedents, to evaluate if a proposed rule for deciding a problem needs to be adapted. This paper describes a diagrammatic representation of adaptive reasoning with h...
متن کاملInterpretive Reasoning with Hypothetical Cases
Reasoning with hypothetical cases helps decision-makers evaluate alternate hypotheses for deciding a case. The hypotheticals demonstrate the sensitivity of a hypothesis to apparently small factual differences that may require different results because they shift the tradeoffs among conflicting underlying principles. By anticipating variations, the decision-maker seeks to formulate as general an...
متن کاملHypothesis Formation and Testing in Legal Argument
Formulating hypotheses about natural phenomena and testing them against empirical data have long been cornerstones of the natural sciences. As a cognitive framework, hypothesis formation and testing also play important roles in mathematical discovery and in legal reasoning, especially as illustrated in oral arguments before the United States Supreme Court. A hypothesis is a tentative assumption...
متن کامل