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"Modeling Legal Argument "provides a comprehensive treatment of case-based reasoning and a detailed description of a computer program called Hypo, that models the way attorneys argue with cases, real and hypothetical. The program offers significant advantages over "keyword" case retrieval systems in the legal field and demonstrates how to design expert systems that assist the user by presenting reasonable alternative answers on all sides of an issue and by citing case examples to explain their advice.Hypo analyzes problem situations dealing with trade secrets disputes, retrieves relevant legal cases from its database and fashions them into reasonable legal arguments about who should win. The arguments demonstrate the program's ability to reason symbolically with past cases, to draw factual analogies between cases, to cite them in arguments, to distinguish them, and to pose counter-examples and hypotheticals based on past cases."Modeling Legal Argument "discusses the law as a paradigm of case-based argument, introduces Hypo and its adversarial reasoning process, provides an overview of the Hypo program, and gives extended examples of the model's reasoning capabilities. It describes the case knowledge base, a dimensional index, basic mechanisms of case-based reasoning, and offers a theory of case-based argument in Hypo. Ashley evaluates Hypo's performance and takes up adversarial case-based reasoning beyond the law and extensions of the Hypo model.Kevin D. Ashley is a Research Scientist at the Learning Research an Development Center and Assistant Professor of Law at the University of Pittsburgh. "Modeling Legal Argument is "included in the Artificial Intelligence and Legal Reasoning series, edited by L. Thorne McCarty and Edwina L. Rissland.
This book is a revised and extended version of my PhD Thesis 'Logical Tools for Modelling Legal Argument', which I defended on 14 January 1993 at the Free University Amsterdam. The first five chapters of the thesis have remained almost completely unchanged but the other chapters have undergone considerable revision and expansion. Most importantly, I have replaced the formal argument-based system of the old Chapters 6, 7 and 8 with a revised and extended system, whieh I have developed during the last three years in collaboration with Giovanni Sartor. Apart from some technical improvements, the main additions to the old system are the enriehment of its language with a nonprovability operator, and the ability to formalise reasoning about preference criteria. Moreover, the new system has a very intuitive dialectieal form, as opposed to the rather unintuitive fixed-point appearance of the old system. Another important revision is the split of the old Chapter 9 into two new chapters. The old Section 9. 1 on related research has been updated and expanded into a whole chapter, while the rest of the old chapter is now in revised form in Chapter 10. This chapter also contains two new contributions, a detailed discussion of Gordon's Pleadings Game, and a general description of a multi-Iayered overall view on the structure of argu mentation, comprising a logieal, dialectical, procedural and strategie layer. Finally, in the revised conclusion I have paid more attention to the relevance of my investigations for legal philosophy and argumentation theory.
The investigation of computational models of argument is a rich and fascinating interdisciplinary research field with two ultimate aims: the theoretical goal of understanding argumentation as a cognitive phenomenon by modeling it in computer programs, and the practical goal of supporting the development of computer-based systems able to engage in argumentation-related activities with human users or among themselves. The biennial International Conferences on Computational Models of Argument (COMMA) provide a dedicated forum for the presentation and discussion of the latest advancements in the field, and cover both basic research and innovative applications. This book presents the proceedings of COMMA 2020. Due to the Covid-19 pandemic, COMMA 2020 was held as an online event on the originally scheduled dates of 8 -11 September 2020, organised by the University of Perugia, Italy. The book includes 28 full papers and 13 short papers selected from a total of 78 submissions, the abstracts of 3 invited talks and 13 demonstration abstracts. The interdisciplinary nature of the field is reflected, and contributions cover both theory and practice. Theoretical contributions include new formal models, the study of formal or computational properties of models, designs for implemented systems and experimental research. Practical papers include applications to medicine, law and criminal investigation, chatbots and online product reviews. The argument-mining trend from previous COMMA’s is continued, while an emerging trend this year is the use of argumentation for explainable AI. The book provided an overview of the latest work on computational models of argument, and will be of interest to all those working in the field.
In the study of forms of legal reasoning, logic and argumentation theory long followed separate tracks. `Legal logicians' tended to focus on a deductive reconstruction of justifying a decision, disregarding the dialectical process leading to the chosen justification. Others instead emphasized the adversarial and discretionary nature of legal reasoning, involving reasonable evaluation of alternative choices, and the use of analogical reasoning. Recently, however, developments in Artificial Intelligence and Law have paved the way for overcoming this separation. Logic has widened its scope to defensible argumentation, and informal accounts of analogy and dialectics have inspired the construction of computer programs. Thus the prospect is emerging of an integrated logical and dialectical account of legal argument, adding to the understanding of legal reasoning, and providing a formal basis for computer tools that assist and mediate legal debates while leaving room for human initiative. This book presents contributions to this development. From a logical point of view it covers topics such as evaluating conflicting arguments, weighing reasons, modelling legal disputes as a dialogue game, the role of the burden of proof, the relation between principles, rules, reasons and facts, and the relation between deductive and nondeductive arguments. Written by leading scholars in the field and building on recent developments in logic and Artificial Intelligence, the chapters provide a state-of-the-art account of research on the logical aspects of legal argument.
This book describes how text analytics and computational models of legal reasoning will improve legal IR and let computers help humans solve legal problems.
A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and rule out many common types of argument as fallacious, Walton&’s aim is to provide a more expansive view of what can be considered &"reasonable&" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth.
This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.
First published in 1998. This five-volume series contains some of this century's most influential or thought provoking articles on the subject of legal argument that have appeared in Anglo-American philosophy journals and law reviews. This volume offers a collection of essays by philosophers and legal scholars on economics, artificial intelligence and the physical sciences.
Information technology has now pervaded the legal sector, and the very modern concepts of e-law and e-justice show that automation processes are ubiquitous. European policies on transparency and information society, in particular, require the use of technology and its steady improvement. Some of the revised papers presented in this book originate from a workshop held at the European University Institute of Florence, Italy, in December 2006. The workshop was devoted to the discussion of the different ways of understanding and explaining contemporary law, for the purpose of building computable models of it -- especially models enabling the development of computer applications for the legal domain. During the course of the following year, several new contributions, provided by a number of ongoing (or recently finished) European projects on computation and law, were received, discussed and reviewed to complete the survey. This book presents 20 thoroughly refereed revised papers on the hot topics under research in different EU projects: legislative XML, legal ontologies, semantic web, search and meta-search engines, web services, system architecture, dialectic systems, dialogue games, multi-agent systems (MAS), legal argumentation, legal reasoning, e-justice, and online dispute resolution. The papers are organized in topical sections on knowledge representation, ontologies and XML legislative drafting; knowledge representation, legal ontologies and information retrieval; argumentation and legal reasoning; normative and multi-agent systems; and online dispute resolution.
At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.