In recent years several proposals to view reasoning with legal cases as theory construction have been advanced. The most detailed of these is that of Bench-Capon and Sartor, which uses facts, rules, values and preferences to build a theory designed to explain the decisions in a set of cases. In this paper we describe CATE (CAse Theory Editor), a tool intended to support the construction of theories as described by Bench-Capon and Sartor, and which produces executable code corresponding (...) to a theory. CATE has been used in a series of experiments intended to explore a number of issues relating to such theories, including how the theories should be constructed, how sets of values should be compared, and the representation of cases using structured values as opposed to factors. (shrink)

This article reports three experiments that investigated the relationship between working memory capacity and syllogistic and five-term series spatial inference. A series of complex and simple verbal and spatial working memory measures were employed. Correlational analyses showed that verbal and spatial working memory span tasks consistently predicted syllogistic and spatial reasoning performance. A confirmatory factor analysis showed that three factors best accounted for the data--a verbal, a spatial, and a general factor. Syllogistic reasoning performance loaded all three factors, whilst spatial (...) reasoning loaded only the general factor. The implications of these findings are discussed in the context of reasoning theories and contemporary accounts of the structure of working memory. (shrink)

In this paper we describe AGATHA, a program designed to automate the process of theory construction in case based domains. Given a seed case and a number of precedent cases, the program uses a set of argument moves to generate a search space for a dialogue between the parties to the dispute. Each move is associated with a set of theory constructors, and thus each point in the space can be associated with a theory intended to explain the seed case (...) and the other cases in the domain. The space is large and so an heuristic search method is needed. This paper describes two methods based on A* and alpha/beta pruning and also a series of experiments designed to explore the appropriateness of different evaluation functions, the most useful precedents to use as seed cases and the quality of the resulting theories. (shrink)

This paper argues that, by construing emotion as epistemologically subversive, the Western tradition has tended to obscure the vital role of emotion in the construction of knowledge. The paper begins with an account of emotion that stresses its active, voluntary, and socially constructed aspects, and indicates how emotion is involved in evaluation and observation. It then moves on to show how the myth of dispassionate investigation has functioned historically to undermine the epistemic authority of women as well as other social (...) groups associated culturally with emotion. Finally, the paper sketches some ways in which the emotions of underclass groups, especially women, may contribute to the development of a critical social theory. (shrink)

Recently, the theory theory has led to much interesting research. However, this is the first book to look at the theory in extensive detail and to systematically contrast it with other theories.

semantic minimalism and moderte contextualism.

David Albert explains why we can typically influence the future but not the past by appealing to an initial low-entropy state of the universe. And he argues that in the rare cases where we can influence the past, we cannot use this influence to knowingly gain future rewards: so it does not constitute control. I introduce an important new case in which Albert's account implies we can not only influence the past but control it: a case where our actions in (...) the present are reliably correlated with several events in the present and past. To deal with such cases, we need to appeal to epistemic conditions on deliberation: being agents requires our decisions being epistemically undetermined at the time we make them. In a world with the past-hypothesis, this implies that deliberation will typically come prior to decision. Once deliberation in this direction is established, correlations towards the past cannot then be exploited for control. To explain why we cannot effectively control the past, we need to appeal to deliberation, whether as part of a defence of Albert's account, or used independently to explain the asymmetry of control. (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)

Kierkegaard is no doubt a philosopher whose focus is inwardness and irreducible individuality. On the surface, he therefore seems to have little to teach us about the sphere of the political: not only was this dimension never explicitly addressed in the writings of the Danish philosopher, but also the positions he took with regard to such a domain where always marked by a strong critical attitude. Moreover, he appeared to be a conservative with regard to any movement towards democratization and (...) equality, opposing liberal democracy as well as socialism, while not refraining from taking up explicitly misogynous positions. With this in mind, one could easily dismiss Kierkegaardian philosophy as exclusively relevant to the private domain of individual existence and irremediably unable to speak to wider concerns such as those encountered in the public dimension. However, in spite of his emphasis on singularity, or perhaps precisely because of it, over the years Kierkegaard's philosophy has given rise to interpretations that recognise its relevance for the political. For instance, the crucial importance of such ideas as self-choice, earnestness and subjective passion are easily imported from the individual sphere into the realm of the political, coming to have a bearing on notions such as responsibility and commitment. In addition, Kierkegaard's accent on the irreducibility of the individual to the universal resonates interestingly in those forms of thinking that, from the margins, call into question the domination of an exclusionary model of reason. Furthermore, his ethical writings on love are directly relevant to the political sphere. This book seeks to draw out, from a range of perspectives, some of the ways in which Kierkegaard's ideas are not only relevant, but highly significant for political thought. (shrink)

The Beloved Self is about the holy grail of moral philosophy, an argument against egoism that proves that we all have reasons to be moral. Part One introduces three different versions of egoism. Part Two looks at attempts to prove that egoism is false, and shows that even the more modest arguments that do not try to answer the egoist in her own terms seem to fail. But in part Three, Hills defends morality and develops a new problem for egoism, (...) an epistemological problem. She shows that it is not epistemically rational to believe the most plausible versions of egoism. The first part of the book will be most relevant to those interested in moral theory, as it contains detailed discussions of recent interpretations of virtue ethics and especially of Kant's moral theory. The second and third part of the book turn to epistemology, particularly moral epistemology, and include an account of the relationship between knowledge and action, a new theory of moral understanding, and a discussion of the epistemically rational response to various kinds of disagreement. Hills also defends a new account of virtue and of morally worthy action. (shrink)

This paper describes one way in which a precise reason model of precedent could be developed, based on the general idea that courts are constrained to reach a decision that is consistent with the assessment of the balance of reasons made in relevant earlier decisions. The account provided here has the additional advantage of showing how this reason model can be reconciled with the traditional idea that precedential constraint involves rules, as long as these rules are taken to be defeasible. (...) The account presented is firmly based on a body of work that has emerged in AI and Law. This work is discussed, and there is a particular discussion of approaches based on theory construction, and how that work relates to the model described in this paper. (shrink)

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. As part of the reconstruction, a semi-formal proposal is made for extending the formal AI & Law models with forms of metalevel reasoning in several argument schemes. (...) The result is compared with Rissland’s (1989) analysis in terms of dimensions and Ashley’s (2008) analysis in terms of his process model of legal argument with hypotheticals. (shrink)

Alessandro Capone Franco Lo Piparo Marco Carapezza Editors Perspectives on Pragmatics and Philosophy Perspectives in Pragmatics, Philosophy & Psychology Volume 1 Editor-in-Cheif Alessandro. Perspectives in Pragmatics, Philosophy ...

Modelling reasoning with legal cases has been a central concern of AI and Law since the 1980s. The approach which represents cases as factors and dimensions has been a central part of that work. In this paper I consider how several varieties of the approach can be applied to the interesting case of Popov v Hayashi. After briefly reviewing some of the key landmarks of the approach, the case is represented in terms of factors and dimensions, and further explored using (...) theory construction and argumentation schemes approaches. (shrink)

Obesity is one of several targets of public health efforts related to availability of and access to healthy foods. The tension between individual food decisions and social contexts of food production, preparation, and consumption makes targeting individuals deeply problematic and yet tempting. Such individualization of responsibility for obesity and nutrition is unethical and impractical. This article warns public health campaigns against giving into the temptation to individualize responsibility, and presents an argument for why they should proceed with all due caution, (...) advising providers and public health organizations to keep in mind structural factors rather than aiming at individuals. (shrink)

This volume addresses the intriguing issue of indirect reports from an interdisciplinary perspective. The contributors include philosophers, theoretical linguists, socio-pragmaticians, and cognitive scientists. The book is divided into four sections following the provenance of the authors. Combining the voices from leading and emerging authors in the field, it offers a detailed picture of indirect reports in the world’s languages and their significance for theoretical linguistics. Building on the previous book on indirect reports in this series, this volume adds an empirical (...) and cross-linguistic approach that covers an impressive range of languages, such as Cantonese, Japanese, Hebrew, Persian, Dutch, Spanish, Catalan, Armenian, Italian, English, Hungarian, German, Rumanian, and Basque. (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)

This paper problematises the ways women’s leadership has been understood in relation to male leadership rather than on its own terms. Focusing specifically on ethical leadership, we challenge and politicise the symbolic status of women in leadership by considering the practice of New Zealand Prime Minister Jacinda Ardern. In so doing, we demonstrate how leadership ethics based on feminised ideals such as care and empathy are problematic in their typecasting of women as being simply the other to men. We apply (...) different strategies of mimesis for developing feminist leadership ethics that does not derive from the masculine. This offers a radical vision for leadership that liberates the feminine and women’s subjectivities from the masculine order. It also offers a practical project for changing women’s working lives through relationality, intercorporeality, collective agency and ethical openness with the desire for fundamental political transformation in the ways in which women can lead. (shrink)

In this paper we describe a method for the specification of computationalmodels of argument using dialogue games. The method, which consists ofsupplying a set of semantic definitions for the performatives making upthe game, together with a state transition diagram, is described in full.Its use is illustrated by some examples of varying complexity, includingtwo complete specifications of particular dialogue games, Mackenzie's DC,and the authors' own TDG. The latter is also illustrated by a fully workedexample illustrating all the features of the game.

Abstract: If anger is the emotion of injustice, and if most injustices have prominent epistemic dimensions, then where is the anger in epistemic injustice? Despite the question my task is not to account for the lack of attention to anger in epistemic injustice discussions. Instead, I argue that a particular texture of transformative anger – a knowing resistant anger – offers marginalized knowers a powerful resource for countering epistemic injustice. I begin by making visible the anger that saturates the silences (...) that epistemic injustices repeatedly manufacture and explain the obvious: silencing practices produce angry experiences. I focus on tone policing and tone vigilance to illustrate the relationship between silencing and angry knowledge management. Next, I use María Lugones’s pluralist account of anger to bring out the epistemic dimensions of knowing resistant anger in a way that also calls attention to their histories and felt textures. The final section draws on feminist scholarship about the transformative power of angry knowledge to suggest how it might serve as a resource for resisting epistemic injustice. (shrink)

There is an increasing need for norms to be embedded in technology as the widespread deployment of applications such as autonomous driving, warfare and big data analysis for crime fighting and counter-terrorism becomes ever closer. Current approaches to norms in multi-agent systems tend either to simply make prohibited actions unavailable, or to provide a set of rules which the agent is obliged to follow, either as part of its design or to avoid sanctions and punishments. In this paper we argue (...) for the position that agents should be equipped with the ability to reason about a system’s norms, by reasoning about the social and moral values that norms are designed to serve; that is, perform the sort of moral reasoning we expect of humans. In particular we highlight the need for such reasoning when circumstances are such that the rules should arguably be broken, so that the reasoning can guide agents in deciding whether to comply with the norms and, if violation is desirable, how best to violate them. One approach to enabling this is to make use of an argumentation scheme based on values and designed for practical reasoning: arguments for and against actions are generated using this scheme and agents choose between actions based on their preferences over these values. Moral reasoning then requires that agents have an acceptable set of values and an acceptable ordering on their values. We first discuss how this approach can be used to think about and justify norms in general, and then discuss how this reasoning can be used to think about when norms should be violated, and the form this violation should take. We illustrate how value based reasoning can be used to decide when and how to violate a norm using a road traffic example. We also briefly consider what makes an ordering on values acceptable, and how such an ordering might be determined. (shrink)

In this paper, we present a particular role for abductive reasoning in law by applying it in the context of an argumentation scheme for practical reasoning. We present a particular scheme, based on an established scheme for practical reasoning, that can be used to reason abductively about how an agent might have acted to reach a particular scenario, and the motivations for doing so. Plausibility here depends on a satisfactory explanation of why this particular agent followed these motivations in the (...) particular situation. The scheme is given a formal grounding in terms of action-based alternating transition systems and we illustrate the approach with a running legal example. (shrink)

In Feminist, Queer, Crip Alison Kafer imagines a different future for disability and disabled bodies. Challenging the ways in which ideas about the future and time have been deployed in the service of compulsory able-bodiedness and able-mindedness, Kafer rejects the idea of disability as a pre-determined limit. She juxtaposes theories, movements, and identities such as environmental justice, reproductive justice, cyborg theory, transgender politics, and disability that are typically discussed in isolation and envisions new possibilities for crip futures and feminist/queer/crip (...) alliances. This bold book goes against the grain of normalization and promotes a political framework for a more just world. (shrink)

I argue that miscarriage, referred to by poet Susan Stewart as “the event that was nothing,” is a liminal event along four distinct and inter-related dimensions: parenthood, procreation, death, and induced abortion. It is because of this liminality that miscarriage has been both poorly addressed in our society, and enrolled in larger debates over women's reproduction and responsibility for reproduction, both conceptually and legally. If miscarriage’s liminality were better understood, if miscarriage itself were better theorized, perhaps it would not so (...) easily be enrolled in these other debates to the detriment of women who miscarry, and their families. However, its very liminality and the fact that it is enrolled in these debates sheds light on the complicated network of concepts within which miscarriage lies. (OPEN ACCESS AT URL). (shrink)

This paper discusses some engineering considerations that should be taken into account when building a knowledge based system, and recommends isomorphism, the well defined correspondence of the knowledge base to the source texts, as a basic principle of system construction in the legal domain. Isomorphism, as it has been used in the field of legal knowledge based systems, is characterised and the benefits which stem from its use are described. Some objections to and limitations of the approach are discussed. The (...) paper concludes with a case study giving a detailed example of the use of the isomorphic approach in a particular application. (shrink)

This book examines the ways that Heidegger, Lacoue-Labarthe, and Nancy adopt and reconfigure the Kantian understanding of "aesthetic presentation." In Kant, "aesthetic presentation" is understood in a technical sense as a specific mode of experience within a typology of different spheres of experience. This study argues that Heidegger, Lacoue-Labarthe, and Nancy generalize the elements of this specific mode of experience so that the aesthetic attitude and the vocabulary used by Kant to describe it are brought to bear on things in (...) general. The book goes beyond documenting the well-known influence of Kant's Critique of Judgment , however, to open up a new way of approaching some of the central issues in post-Kantian thought—including why it is that art, the art work, and the aesthetic are still available as a vehicle of critique even, or especially, after Auschwitz. It shows that a genealogy of contemporary theory needs to look at the question of presentation, which has arguably been a question that has worried philosophy from its very beginning. (shrink)

This Element introduces the philosophy of Frances Power Cobbe (1822-1904), a very well-known moral theorist, advocate of animal welfare and women's rights, and critic of Darwinism and atheism in the Victorian era. After locating Cobbe's achievements within nineteenth-century British culture, this Element examines her duty-based moral theory of the 1850s and then her 1860s accounts of duties to animals, women's rights, and the mind and unconscious thought. From the 1870s, in critical response to Darwin's evolutionary ethics, Cobbe put greater moral (...) weight on the emotions, especially sympathy. She now criticised atheism for undermining morality, emphasised women's duties to develop virtues of character, and recommended treating animals with sympathy and compassion. The Element links Cobbe's philosophical arguments to her campaigns for women's rights and against vivisection, brings in critical responses from her contemporaries, explains how she became omitted from the history of philosophy, and shows the lasting importance of her work. (shrink)

Standpoint theory is an explicitly political as well as social epistemology. It’s distinctive features are commitment to understand the social locations that shape the epistemic capacities and resources of individuals in structural terms, and a recognition that those who are marginalized within hierarchically structured systems of social differentiation are often epistemically advantaged. In some crucial domains they know more and know better as a contingent function of their situated experience and knowledge. This “inversion thesis” counters the alignment of social with (...) epistemic privilege. (shrink)

The essays in this interdisciplinary collection share the conviction that modern western paradigms of knowledge and reality are gender-biased.

The design and analysis of norms is a somewhat neglected topic in AI and Law, but this is not so in other areas of Computer Science. In recent years powerful techniques to model and analyse norms have been developed in the Multi-Agent Systems community, driven both by the practical need to regulate electronic institutions and open agent systems, and by a theoretical interest in mechanism design and normative systems. Agent based techniques often rely heavily on enforcing norms using the software (...) to prevent violation, but I will also discuss the use of sanctions and rewards, and the conditions under which compliance by autonomous agents (including humans) can be expected or encouraged without sanctions or rewards. In the course of the paper a suggested framework for the exploration of these issues is developed. (shrink)

The early Epicurean revival in Florence and Italy -- Medicean Florence : Ficino and Bartolomeo Scala -- Republican Florence : the university lectures of Marcello Adriani -- Niccol Machiavelli and the influence of Lucretius -- Lucretian networks in the late fifteenth and early sixteenth centuries -- Appendix : notes on Machiavelli's transcription of MS Vat. Rossi 884.