Levels of Reasoning With Legal Cases

نویسندگان

  • Katie Atkinson
  • Trevor Bench-Capon
چکیده

In this paper we discuss how different levels of reasoning can occur in legal cases. We build upon our recent work in which we have reconstructed the reasoning of the majority and dissenting opinions for a particular case through the use of Belief-DesireIntention (BDI) agents to replicate the contrasting views involved in the actual decision. This reconstruction has shown how the reasoning involved can be separated into three distinct levels: factual and normative levels and a level connecting the two, with conclusions at one level forming premises at the next. We further discuss the properties and significance of each of these levels and illustrate them with short examples and also include a discussion of the role of precedents within these levels of reasoning.

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

ثبت نام

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

منابع مشابه

Theory and Practice in AI and Law: A Response to Branting

In this paper we use our previous work which has examined the different levels involved in reasoning about legal cases to examine some challenges to the relevance of current theoretical work in AI and Law made by Branting. In our model we view the process of legal reasoning as being divided into three distinct but interconnected levels of reasoning. These levels involve a bottom layer concernin...

متن کامل

Expanding Examples of Madness According to the Concept and Criterion of Madness Perspective of Jurisprudence, Law and Psychology

Background and aim: Madness is a subject that has long been the subject of legal attention. Today, Industrial societies are confronted with a phenomenon called mental disorders and those with such disease which unfortunately is increasing day by day. Obviously, laws over time for scientific advances need to be reformed. This article explores the legal status and the way in which mental patients...

متن کامل

Managing Legal Precedents with Case Retrieval Nets

Knowledge in the legal domain assumes two distinct forms: case law and legislation. Case law complements legislation, and refers to the use of cases decided in court to provide interpretations to subjective aspects of the legislation. These cases are used as guidance in future similar cases. This paper presents a Case-Based Reasoning system that establishes legal case-bases, allowing the users ...

متن کامل

AI and Legal Reasoning

This paper presents a summary of the responses of a panel to issues on AI and legal reasoning. The panel consisted Among the issues addressed by the panel were: 1. What are the characteristics of the legal domain that make it interesting or amenable to AI approaches-what is special about it; 2. The open-textured nature of legal concepts and the implications this has for using Al-techniques, esp...

متن کامل

Artificial Intelligence and Legal Reasoning: A Discussion of the Field and Gardner's Book

Dworkin 1977, 1985) offer insights valuable to AI, their jurisprudential analyses often raise more questions than they answer and their insights, couched in philosophical discourse, are difficult to harness computationally. Much of the knowledge used in legal reasoning is published, codified, and highly indexed. The legal system maintains extremely detailed records of its cases and commentary o...

متن کامل

ذخیره در منابع من


  با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

ثبت نام

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

عنوان ژورنال:

دوره   شماره 

صفحات  -

تاریخ انتشار 2005