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 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)

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)

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.

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.

In this paper I recapitulate the ideas of Berman and Hafner (1993) regarding the role of teleology in legal argument. I show how these ideas can be used to address some issues arising from more recent work on legal argument, and how this relates to ideas associated with the New Rhetoric of Perelman. I illustrate the points with a discussion of the classic problem of which vehicles should be allowed in parks.

During human-human interaction, emotion plays a vital role in structuring dialogue. Emotional content drives features such as topic shift, lexicalisation change and timing; it affects the delicate balance between goals related to the task at hand and those of social interaction; and it represents one type of feedback on the effect that utterances are having. These various facets are so central to most real-world interaction, that it is reasonable to suppose that emotion should also play an important role in human-computer (...) interaction. To that end, techniques for detecting, modelling, and responding appropriately to emotion are explored, and an architecture for bringing these techniques together into a coherent system is presented. (shrink)

Biologically motivated computing seeks to transfer ideas from the biosciences to computer science. In seeking to make transfers it is helpful to be able to appreciate the metaphors which people use. This is because metaphors provide the context through which analogies and similes are made and by which many scientific models are constructed. As such, it is important for any rapidly evolving domain of knowledge to have developments accounted for in these terms. This paper seeks to provide one overview of (...) the process of modelling and shows how it can be used to account for a variety of biologically motivated computational models. Certain key ideas are identified in the subsequent analysis of biological sources, notably, systemic metaphors. Three important aspects of biological thinking are then considered in the light of computer science applications: biological organization, the cell, and models of evolution. The analysis throughout the paper is descriptive rather than formalized so that a large variety of potential applications may be considered. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Mere ReadingEva T. H. BrannI recall reading in college, some half a century ago, that the first Queen Elizabeth once represented herself to her people as “mere English.” She meant that she was English pure and simple, nothing but English. I want to set out a way with books, primarily but not only those ranged under “literature,” that I think of as mere reading. Neither the phrase “mere reading” (...) or “mere close reading” is new with me, nor is the mode, and I do not imagine myself on a lonely quest for some lost hermeneutic Eden. Children and the literate public merely read all the time. So do scholars liberated from the professional impositions of graduate school; they have achieved what Thomas Mann calls “the second ingenuousness.” They have read the articles claiming that all books and all approaches to books are of necessity theoretically or ideologically skewed and that a job of rectification, thorough enough perhaps even to postpone the actual reading indefinitely, is a precondition of liberation from the author’s subtle or unconscious agenda. Yet they have liberated themselves from the liberators, well knowing that if it’s a gift to be simple, it is also an achievement.I am, therefore, far from thinking that facing a book simply—facing it without “confronting” it—is an obsolescent activity or that either the straight and trustful reading of books or the making of books that present themselves to be so read is in real danger. I no more fear an impending cultural Armageddon than I long for a past interpretational paradise. For one thing, this is a golden age for the English novel, the premier genre of the present. All the assimilated immigrants and quondam colonials, with their delight in the elegancies of mere high English and their loving mastery of its local varieties, are writing their way into the center of English novelistic literature. They seem quite [End Page 383] aware of all those “readings”—Marxist, feminist, deconstructionist, etc. Nevertheless they write merrily on for an ingenuous yet discerning public.Consequently, the following baker’s dozen of preconditions and precepts are presented not with a sense of fending off impending doom, but for the pleasure of recognition they might give to those who have come to similar conclusions. In these pages I am apt to be preaching to the choir and, truth to tell, I feel no vocation to convert the unbelievers, the more so since I am convinced that it takes all kinds.1. The First-Person PluralThe coopting “we” is more insidiously imperial than ever was the regal first-person plural. Recall all the sentences in public intellectual speech that tell us what “we” all are thinking or are no longer permitted to think or are now required to think (or do) in matters intellectual in general and in matters interpretational in particular, by reason of our historical situation.When I read one of these dicta pushing and pulling me into my place in time or society, every aversive fiber tenses and signals “who ‘we’?—not me!” For the very thing said in our name to be needful may well be the thing most harmful and the impermissible move the one really required. It seems to me worth considering that in an analysis of “our historical situation” it might be the “our” that is the vitiating flaw.Precept: Don’t say “we” unless you have obtained consent. Try “I” or “some of us.” In particular, always qualify announcements of apocalypse so as to leave room for non-participants. This frame of mind is good for turning from sophisticated to mere reading.2. Critical SuperiorityJudges on their benches sit over the sinners arraigned before them, but that the critics in their studies should be above the writers who are their “subject” is plain comical. For one thing, judging is a social necessity, while criticizing is a discretionary activity; some of us could live without it. Some professors make students believe that criticism is work while writing is a self-indulgence that needs to be curbed. In truth, it is the other way around: the critic is parasitic on the writer; if nothing... (shrink)

The figure of the materialist philosopher as the « laughing philosopher », who mocks the rest of humanity, its fears, superstitions and even values, is a classic one. It has been associated variously with Democritus, Epicurus, Spinoza, Rabelais, La Mettrie and others. Apart from the interest one might have in this figure of the philosopher as someone who is rather far removed from school benches, the present essay seeks to describe or define this conceptual character in order to argue that (...) laughter is the materialist philosopher’s « mode of access » to the human world, the so-called world of « values ». This implies that the equally classic reproach towards materialism – its coldness, its inability to grasp the dynamics of human action, what Flaubert would have called an « anatomist’s cruelty » – fails ; or only successfully targets materialism when it laughs. (shrink)

This paper explores the laborious and intimate work of turning bodies of research animals into models of human patients. Based on ethnographic research in the interdisciplinary Danish research centre NEOMUNE, we investigate collaboration across species and disciplines, in research aiming at improving survival for preterm infants. NEOMUNE experimental studies on piglets evolved as a platform on which both basic and clinical scientists exercised professional authority. Guided by the field of multi-species research, we explore the social and material agency of research (...) animals in the production of human health. Drawing on Anna Tsing’s concept of “collaborative survival”, we show that sharing the responsibility of the life and death of up to twenty-five preterm piglets fostered not only a collegial solidarity between basic and clinical scientists, but also a transformative cross-fertilization across species and disciplines—a productive “contamination”—facilitating the day-to-day survival of piglets, the academic survival of scientists and the promise of survival of preterm infants. Contamination spurred intertwined identity shifts that increased the porosity between the pig laboratory and the neonatal intensive care unit. Of particular significance was the ability of the research piglets to flexibly become animal-infant-patient hybrids in need of a united effort from basic and clinical researchers. However, ‘hybrid pigs’ also entailed a threat to the demarcation between humans and animals that consolidates the use of animals in biomedical research, and efforts were continuously done to keep contamination within spatial limits. We conclude that contamination facilitates transformative encounters, yet needs spatial containment to materialize bench-to-bedside translation. (shrink)

The case for gender equality on the bench wouldseem too uncontroversial to requirejustification. Yet the practical realities ofthe slow progress of women towards equality ofparticipation both quantitative and qualitativein the judiciary testifies to the continuingneed to argue the case for change. To date, theprimary rationale for promoting gender equalityhas been that women will bring a uniquecontribution to the bench as a result of theirdifferent life experiences, values andattitudes. Such arguments derived fromdifference theory have had a strong appealsince they (...) appear to give legitimacy to theundervalued attributes traditionally associatedas feminine while also promoting the meritprinciple by claiming to improve the quality ofjustice. However, this article argues thatdifference theory arguments are theoreticallyweak, empirically questionable andstrategically dangerous. Instead, it argues forthe adoption of a rationale for gender equalitybased on equity and legitimacy; that equalparticipation of men and women in the justicesystem is an inherent and essential feature ofa democracy without which the judiciary willlose public confidence. This approach, thoughless immediately appealing, is ultimately moresound. (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)

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)

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)

Stories can be powerful argumentative vehicles, and they are often used to present arguments from analogy, most notably as parables, fables or allegories where the story invites the hearer to infer an important claim of the argument. Case Based Reasoning in Law has many similar features: the current case is compared to previously decided cases, and in case the similarity between the previous and current cases is deemed sufficient, a similar conclusion can be drawn for the current case. In this (...) article, we want to take a further step towards computationally modelling the connection between stories and argumentation in analogical reasoning. We show how story schemes can be used to investigate and determine story similarity, and how the point of a story – that is, the conclusion that the storyteller intends the hearer to draw – can be likened to the ratio decidendi in a legal case. Finally, we present some formal tools for modelling stories based on computational models of practical reasoning. (shrink)

In this paper I shall discuss the notion of argument, and the importanceof argument in AI and Law. I shall distinguish four areas where argument hasbeen applied: in modelling legal reasoning based on cases; in thepresentation and explanation of results from a rule based legal informationsystem; in the resolution of normative conflict and problems ofnon-monotonicity; and as a basis for dialogue games to support the modellingof the process of argument. The study of argument is held to offer prospectsof real progress (...) in the field of AI and law, and the purpose of this paperis to provide an overview of work, and the connection between the various strands. (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)

Functional theories posit that emotions are elicited by particular goal-related situations that represented adaptive problems and that emotions are evolved features of coordinated responses to those situations. Yet little theory or research has addressed the evolutionary aspects of these theories. We apply five criteria that can be used to judge whether features are adaptations. There is evidence that sadness, anger, and anxiety relate to unique changes in physiology, cognition, and behavior, those changes are correlated, situations that give rise to emotions (...) are consistent, and emotions are complex. To date, there is little experimental evidence regarding whether discrete emotions resolve adaptive problems and do so relatively efficiently. Evidence supporting all criteria is required to claim that discrete emotions are evolved features. (shrink)

Boredom is a frequently experienced and unpleasant state (Bench & Lench, 2019; Danckert et al., 2018; Eastwood et al., 2012) that people are experiencing more frequently (Weybright et al., 2020). W...

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)

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)

There is a growing interest in how people conceptualise the legal domain for the purpose of legal knowledge systems. In this paper we discuss four such conceptualisations (referred to as ontologies): McCarty's language for legal discourse, Stamper's norma formalism, Valente's functional ontology of law, and the ontology of Van Kralingen and Visser. We present criteria for a comparison of the ontologies and discuss the strengths and weaknesses of the ontologies in relation to these criteria. Moreover, we critically review the criteria.

In this paper we describe an approach to practical reasoning, reasoning about what it is best for a particular agent to do in a given situation, based on presumptive justifications of action through the instantiation of an argument scheme, which is then subject to examination through a series of critical questions. We identify three particular aspects of practical reasoning which distinguish it from theoretical reasoning. We next provide an argument scheme and an associated set of critical questions which is able (...) to capture these features. In order that both the argument scheme and the critical questions can be given precise interpretations we use the semantic structure of an Action-Based Alternating Transition System as the basis for their definition. We then work through a detailed example to show how this approach to practical reasoning can be applied to a problem solving situation, and briefly describe some other previous applications of the general approach. In a second example we relate our account to the social laws paradigm for co-ordinating multi-agent systems. The contribution of the paper is to provide firm foundations for an approach to practical reasoning based on presumptive argument in terms of a well-known model for representing the effects of actions of a group of agents. (shrink)

In this paper we describe the impact that Walton’s conception of argumentation schemes had on AI and Law research. We will discuss developments in argumentation in AI and Law before Walton’s schemes became known in that community, and the issues that were current in that work. We will then show how Walton’s schemes provided a means of addressing all of those issues, and so supplied a unifying perspective from which to view argumentation in AI and Law.

In this paper we discuss the application of a new machine learning approach – Argument Based Machine Learning – to the legal domain. An experiment using a dataset which has also been used in previous experiments with other learning techniques is described, and comparison with previous experiments made. We also tested this method for its robustness to noise in learning data. Argumentation based machine learning is particularly suited to the legal domain as it makes use of the justifications of decisions (...) which are available. Importantly, where a large number of decided cases are available, it provides a way of identifying which need to be considered. Using this technique, only decisions which will have an influence on the rules being learned are examined. (shrink)

In this paper we consider persuasion in the context of practical reasoning, and discuss the problems associated with construing reasoning about actions in a manner similar to reasoning about beliefs. We propose a perspective on practical reasoning as presumptive justification of a course of action, along with critical questions of this justification, building on the account of Walton. From this perspective, we articulate an interaction protocol, which we call PARMA, for dialogues over proposed actions based on this theory. We outline (...) an axiomatic semantics for the PARMA Protocol, and discuss two implementations which use this protocol to mediate a discussion between humans. We then show how our proposal can be made computational within the framework of agents based on the Belief-Desire-Intention model, and illustrate this proposal with an example debate within a multi agent system. (shrink)

Nel corso del 2020 la missione congiunta franco-italiana, costituita dall’Università degli Studi di Milano e dall’Institut français d’archéologie orientale del Cairo (Ifao), ha effettuato la sua abituale campagna tra le rovine dell’antica Tebtynis dal 15 settembre al 7 novembre. Gli scavi sono stati estesi nel settore meridionale dell’insediamento, lungo la grande strada che nei papiri demotici è definita “dromos di Tefresudj(ty?)”. Due case-torri costruite nel II e nel I sec. a.C. sono state portate alla luce; parecchi edifici risalenti all’epoca tolemaica (...) e a quella romana sono stati scavati ed è stata localizzata una piazza. Benché l’area investigata si presentasse parzialmente sconvolta da interventi effettuati all’inizio del secolo scorso, una buona quantità di oggetti e di testi è stata raccolta. (shrink)

The epistemological status of health science, natural science, and clinical knowledge is explored. It is shown that ‘health science’, a term increasingly used in association with the clinical knowledge of the therapies, nursing, and other health occupations, is not fully a science in the sense of the natural sciences. It is rather a hybrid which relates applications of natural science, behavioral science, and the humanities to problems in health. The same may be said of clinical knowledge which entails, as essentials, (...) humanistic considerations involving the personal concerns of the patient, in addition to the more evident external aspects of diagnosis and treatment. The recent introduction of the term ‘health science’ reflects scientism in its approach to health issues. It also reflects confusion about the nature of clinical knowledge. Keywords: health science, clinical knowledge, natural science, behavioral science, humanism CiteULike Connotea Del.icio.us What's this? (shrink)

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.

Doug Walton, who died in January 2020, was a prolific author whose work in informal logic and argumentation had a profound influence on Artificial Intelligence, including Artificial Intelligence and Law. He was also very interested in interdisciplinary work, and a frequent and generous collaborator. In this paper seven leading researchers in AI and Law, all past programme chairs of the International Conference on AI and Law who have worked with him, describe his influence on their work.

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)

Argumentation Frameworks provide a fruitful basis for exploring issues of defeasible reasoning. Their power largely derives from the abstract nature of the arguments within the framework, where arguments are atomic nodes in an undifferentiated relation of attack. This abstraction conceals different senses of argument, namely a single-step reason to a claim, a series of reasoning steps to a single claim, and reasoning steps for and against a claim. Concrete instantiations encounter difficulties and complexities as a result of conflating these senses. (...) To distinguish them, we provide an approach to instantiating AFs in which the nodes are restricted to literals and rules, encoding the underlying theory directly. Arguments in these senses emerge from this framework as distinctive structures of nodes and paths. As a consequence of the approach, we reduce the effort of computing argumentation extensions, which is in contrast to other approaches. Our framework retains the theoretical and computational bene.. (shrink)