The first issue of Artificial Intelligence and Law journal was published in 1992. This paper provides commentaries on nine significant papers drawn from the Journal’s second decade. Four of the papers relate to reasoning with legal cases, introducing contextual considerations, predicting outcomes on the basis of natural language descriptions of the cases, comparing different ways of representing cases, and formalising precedential reasoning. One introduces a method of analysing arguments that was to become very widely used in AI and Law, namely (...) argumentation schemes. Two relate to ontologies for the representation of legal concepts and two take advantage of the increasing availability of legal corpora in this decade, to automate document summarisation and for the mining of arguments. (shrink)

Autonomous vehicles are one of the most spectacular recent developments of Artificial Intelligence. Among the problems that still need to be solved before they can fully autonomously participate in traffic is the one of making their behaviour conform to the traffic laws. This paper discusses this problem by way of a case study of Dutch traffic law. First it is discussed to what extent Dutch traffic law exhibits features that are traditionally said to pose challenges for AI & Law models, (...) such as exceptions, rule conflicts, open texture and vagueness, rule change, and the need for commonsense knowledge. Then three approaches to the design of law-conforming AV are evaluated in light of the challenges posed by Dutch traffic law, which includes an assessment of the usefulness of AI & Law models of nonmonotonic reasoning, argumentation and case-based reasoning. (shrink)

This paper proposes a formal top-level model of explaining the outputs of machine-learning-based decision-making applications and evaluates it experimentally with three data sets. The model draws on AI & law research on argumentation with cases, which models how lawyers draw analogies to past cases and discuss their relevant similarities and differences in terms of relevant factors and dimensions in the problem domain. A case-based approach is natural since the input data of machine-learning applications can be seen as cases. While the (...) approach is motivated by legal decision making, it also applies to other kinds of decision making, such as commercial decisions about loan applications or employee hiring, as long as the outcome is binary and the input conforms to this paper’s factor- or dimension format. The model is top-level in that it can be extended with more refined accounts of similarities and differences between cases. It is shown to overcome several limitations of similar argumentation-based explanation models, which only have binary features and do not represent the tendency of features towards particular outcomes. The results of the experimental evaluation studies indicate that the model may be feasible in practice, but that further development and experimentation is needed to confirm its usefulness as an explanation model. Main challenges here are selecting from a large number of possible explanations, reducing the number of features in the explanations and adding more meaningful information to them. It also remains to be investigated how suitable our approach is for explaining non-linear models. (shrink)

The South China Sea territorial dispute has been a contentious issue in the international community. In the course of 3 years, China and the Philippines had undergone arbitral proceedings over the maritime rights and entitlements in the South China Sea. As the Permanent Court of Arbitration reached its decision, this paper aims to examine the interpretation process of the Arbitral Tribunal in the judgment of the South China Sea conflict between China and the Philippines. The primary objective of the study (...) is to reconstruct or explain how the Tribunal came up with its interpretation of the written arguments presented by the parties involved and to distinguish whether such reconstruction the Tribunal has successfully interpreted or made sense of the said arguments and submissions. Doing so would necessitate a pragmatic analysis– the relevance-theoretic account of human communication and cognition. Data analyzed include written submissions and arguments as well as the legal documents used during the arbitral process. Using content analysis, the data were evaluated through applying the tool of interpretation based on the criteria set by the three conditions of the relevance theory: logical condition, pragmatic condition, and condition of optimal relevance. This paper argues that in order for the addressee of an utterance, in this case the Arbitral Tribunal, to attain a successful interpretation, it should meet these three conditions. This study found that the reconstruction of the interpretation based on the three conditions showed that the Tribunal had attained a valid and correct interpretation of the Philippines’ and China’s arguments. Furthermore, the paper asserts that implied conclusion and the contextual assumptions can be a guiding principle for the cognitive comprehension or interpretation of legal texts. (shrink)

The first issue of _Artificial Intelligence and Law_ journal was published in 1992. This paper provides commentaries on landmark papers from the first decade of that journal. The topics discussed include reasoning with cases, argumentation, normative reasoning, dialogue, representing legal knowledge and neural networks.

There are cases in which the literal interpretation of statutes may lead to counterintuitive consequences. When such cases go to high courts, judges may handle these counterintuitive consequences by identifying problematic rule conditions. Given that the law consists of a large number of rule conditions, it is demanding and exhaustive to figure out which condition is problematic. For solving this problem, our work aims to assist judges in civil law systems to resolve counterintuitive consequences using logic program representation of statutes (...) and Legal Debugging. The core principle of Legal Debugging is to cooperate with a user to find a culprit, a root cause of counterintuitive consequences. This article proposes an algorithm to resolve a culprit. Since the statutes are represented by logic rules but changes in law are initiated by cases, we adopt a prototypical case with judgement specified by a set of rules. Then, to resolve a culprit, we reconstruct a program so that it provides reasons as if we applied case-based reasoning to a new set of prototypical cases with judgement, which include a new set of facts relevant to a considering case. (shrink)

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 (...) of precedential constraint and An improved factor based approach to precedential constraint. After describing HYPO, in this introduction to the special issue I look at various aspects of its influence on AI and Law: the developments led by Rissland at Amherst; the developments led by Ashley in Pittsburgh; the expression of these ideas in terms of rule based systems, and their subsequent formalisation; value based theories, which were inspired by a critique of HYPO; and contemporary approaches which revive the idea of dimensions. (shrink)

The research described here explores the idea of using Supreme Court oral arguments as pedagogical examples in first year classes to help students learn the role of hypothetical reasoning in law. The article presents examples of patterns of reasoning with hypotheticals in appellate legal argument and in the legal classroom and a process model of hypothetical reasoning that relates them to work in cognitive science and Artificial Intelligence. The process model describes the relationships between an advocate’s proposed test for deciding (...) a case or issue, the facts of the hypothetical and of the case to be decided, and the often conflicting legal principles and policies underlying the issue. The process model of hypothetical reasoning has been partially implemented in a computerized teaching environment, LARGO (“Legal ARgument Graph Observer”) that helps students identify, analyze, and reflect on episodes of hypothetical reasoning in oral argument transcripts. Using LARGO, students reconstruct examples of hypothetical reasoning in the oral arguments by representing them in simple diagrams that focus students on the proposed test, the hypothetical challenge to the test, and the responses to the challenge. The program analyzes the diagrams and provides feedback to help students complete the diagrams and reflect on the significance of the hypothetical reasoning in the argument. The article reports the results of experiments evaluating instruction of first year law students at the University of Pittsburgh using the LARGO program as applied to Supreme Court personal jurisdiction cases. The learning results so far have been mixed. Instruction with LARGO has been shown to help law student volunteers with lower LSAT scores learn skills and knowledge regarding hypothetical reasoning better than a text-based approach, but not when the students were required to participate. On the other hand, the diagrams students produce with LARGO have been shown to have some diagnostic value, distinguishing among law students on the basis of LSAT scores, posttest performance, and years in law school. This lends support to the underlying model of hypothetical argument and suggests using LARGO as a pedagogically diagnostic tool. (shrink)

Work on a computer program called SMILE + IBP (SMart Index Learner Plus Issue-Based Prediction) bridges case-based reasoning and extracting information from texts. The program addresses a technologically challenging task that is also very relevant from a legal viewpoint: to extract information from textual descriptions of the facts of decided cases and apply that information to predict the outcomes of new cases. The program attempts to automatically classify textual descriptions of the facts of legal problems in terms of Factors, a (...) set of classification concepts that capture stereotypical fact patterns that effect the strength of a legal claim, here trade secret misappropriation. Using these classifications, the program can evaluate and explain predictions about a problem’s outcome given a database of previously classified cases. This paper provides an extended example illustrating both functions, prediction by IBP and text classification by SMILE, and reports empirical evaluations of each. While IBP’s results are quite strong, and SMILE’s much weaker, SMILE + IBP still has some success predicting and explaining the outcomes of case scenarios input as texts. It marks the first time to our knowledge that a program can reason automatically about legal case texts. (shrink)

The concept of conductive argument weight was developed by Carl Wellman and later by Trudy Govier. This concept has received renewed attention recently from another informal logician, Robert C. Pinto. Argument weight has also been addressed in recent years by theorists in AI & Law. I argue from a non-technical perspective that some aspects of AI & Law’s approach to argument weight can be usefully applied to the issues addressed by Pinto. I also relate some of these issues to the (...) work of argument theorist Harald Wohlrapp. (shrink)