Carole Hafner’s scholarship on the conceptual organization of case law knowledge bases was an original approach to distilling a library’s worth of cases into a manageable subset that any given legal researcher could review. Her approach applied concept indexation and concept search based on an annotation model of three interacting components combined with a system of expert legal reasoning to aid in the retrieval of pertinent case law. Despite the clear value this tripartite approach would afford to researchers in search (...) of cases with similar fact patterns and desired outcomes, this approach has not been applied consistently in the intervening years since its introduction. Specifically, the conceptual representation of domain concepts and the case frames were not pursued by researchers, and they were not applied by the legal case indexing services that came to dominate the electronic case law market. Advances since Hafner’s original scholarship in the form of digitized case law and related materials; computer science analytical protocols; and more advanced forms of artificial intelligence approaches present the question of whether Hafner’s COC model could move from the hypothetical to the real. (shrink)

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)

This paper revisits the challenge of Berman and Hafner’s “missing link” paper on representing teleological structure in case-based legal reasoning. It is noted that this was mainly an ontological challenge to represent some of what made legal reasoning distinctive, which was given less attention than factual similarity in the dominant AI and Law paradigm, deriving from HYPO. The response to their paper is noted and briefly evaluated. A parallel is drawn to a new challenge to provide deep structure to the (...) legal context of textual meaning, drawing on the forthcoming work of two Constitutional law scholars who appear to place some faith in the ways of thinking that AI and Law has developed. (shrink)

This paper explores the question of whether or not the law is a computable number in the sense described by Alan Turing in his 1937 paper ‘On computable numbers with an application to the Entscheidungsproblem.’ Drawing upon the legal, social, and political context of Alan Turing’s own involvement with the law following his arrest in 1952 for the criminal offence of gross indecency, the article explores the parameters of computability within the law and analyses the applicability of Turing’s computability thesis (...) within the context of legal decision-making. (shrink)

Work on analogy has been done from a number of disciplinary perspectives throughout the history of Western thought. This work is a multidisciplinary guide to theorizing about analogy. It contains 1,406 references, primarily to journal articles and monographs, and primarily to English language material. classical through to contemporary sources are included. The work is classified into eight different sections (with a number of subsections). A brief introduction to each section is provided. Keywords and key expressions of importance to research on (...) analogy are discussed in the introductory material. Electronic resources for conducting research on analogy are listed as well. (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.

The first issue of _Artificial Intelligence and Law_ journal was published in 1992. This special issue marks the 30th anniversary of the journal by reviewing the progress of the field through thirty commentaries on landmark papers and groups of papers from that journal.

In this introduction I give an overview of Carole Hafner’s work and discuss the papers in this volume. The final section offers some more personal reminiscences of Carole and her contribution to the AI and Law community, from myself and other colleagues.

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)

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, (...) and the social values which justify those rules. Having given our view of these relationships, we present our formal model of them, and explain how theories can be constructed, compared and evaluated. We then show how previous work can be described in terms of our model, and discuss extensions to the basic model to accommodate particular features of previous work. We conclude by identifying some directions for future work. (shrink)

We provide a retrospective of 25 years of the International Conference on AI and Law, which was first held in 1987. Fifty papers have been selected from the thirteen conferences and each of them is described in a short subsection individually written by one of the 24 authors. These subsections attempt to place the paper discussed in the context of the development of AI and Law, while often offering some personal reactions and reflections. As a whole, the subsections build into (...) a history of the last quarter century of the field, and provide some insights into where it has come from, where it is now, and where it might go. (shrink)

The third of Berman and Hafner’s early nineties papers on reasoning with legal cases concerned temporal context, in particular the evolution of case law doctrine over time in response to new cases and against a changing background of social values and purposes. In this paper we consider the ways in which changes in case law doctrine can be accommodated in a recently proposed methodology for encapsulating case law theories, and relate these changes the sources of change identified by Berman and (...) Hafner. (shrink)

Increasingly complex and autonomous systems require machine ethics to maximize the benefits and minimize the risks to society arising from the new technology. It is challenging to decide which type of ethical theory to employ and how to implement it effectively. This survey provides a threefold contribution. First, it introduces a trimorphic taxonomy to analyze machine ethics implementations with respect to their object (ethical theories), as well as their nontechnical and technical aspects. Second, an exhaustive selection and description of relevant (...) works is presented. Third, applying the new taxonomy to the selected works, dominant research patterns, and lessons for the field are identified, and future directions for research are suggested. (shrink)