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A model of legal reasoning with cases incorporating theories and values

Trevor Bench-Capon, Giovanni Sartor
2003 Artificial Intelligence  
Reasoning with cases has been a primary focus of those working in AI and law who have attempted to model legal reasoning.  ...  A better way of seeing reasoning with cases is to see it as a process of constructing and using a theory.  ...  Acknowledgements This paper is a revised and much extended version of Bench-Capon and Sartor [8] .  ... 
doi:10.1016/s0004-3702(03)00108-5 fatcat:6c6z3k2bvnclblkcibbfxeqsom

Forthcoming Papers

2003 Artificial Intelligence  
Sartor, A model of legal reasoning with cases incorporating theories and values Reasoning with cases has been a primary focus of those working in AI and law who have attempted to model legal reasoning.  ...  We begin by stating our view of reasoning with cases as a process of constructing, evaluating and applying a theory. Central to our 0004-3702/  ...  Sartor, A model of legal reasoning with cases incorporating theories and values Reasoning with cases has been a primary focus of those working in AI and law who have attempted to model legal reasoning.  ... 
doi:10.1016/s0004-3702(03)00158-9 fatcat:sze4uoaylzchzbn3lifjjfgtny

Plausibility schemas

Vern R. Walker
2009 Proceedings of the 12th International Conference on Artificial Intelligence and Law - ICAIL '09  
in a legal record to a finding of fact.  ...  This paper describes a default-logic framework (plausibility schemas) and software tools (Decision Apprentice TM and Legal Apprentice TM ) for modeling, guiding and automating the reasoning from evidence  ...  Legal rules determine which findings are relevant in a particular legal case, and a default-logic framework for modeling legal rules has been presented elsewhere [3, 4, 5] .  ... 
doi:10.1145/1568234.1568260 dblp:conf/icail/Walker09 fatcat:i5icv75g5bdm7hc3jbtwfqmy3q

Law's Autonomy and Moral Reason

Jack Clayton Thompson
2019 Laws  
This paper intends to set out an argument to Legal Idealism and a thesis that holds law and morality as necessarily connected.  ...  , the law); this is to say, if I can show that the Legal Positivist argument is left incomplete without some explanation of moral values underpinning it, I need not to show that a specific, defensible  ...  Conflicts of Interest: The author declares no conflict of interest.  ... 
doi:10.3390/laws8010006 fatcat:xelrbesqsbfczlr7kn6a6z4d6a

The Logic of Showing Possibility Claims

Kenneth Einar Himma
2014 Revus  
With these preliminaries in mind, the model of a legal system incorporating moral criteria of legality can be developed as follows -subject to the following conditions and assumptions.  ...  Accordingly, the "authority" of such a system, for that reason, simply could not be a legal authority, on Raz's own theory of law and authority.  ... 
doi:10.4000/revus.2956 fatcat:d2lmkhssezhapjofqwqnelvlee

Legal Theory and Legal Education - the Next Step

Charles Sampford, David Wood
1989 Legal education review  
Moral reasoning is not just the basis of legal reasoning, but is often explicitly incorporated into legal decision making.  ...  One of the consequences of the disordered and conflicting nature of law is that law as a whole does not incorporate any specific set of values but a profusion of them.  ... 
doi:10.53300/001c.5978 fatcat:nig6r5mwg5afjoicfuig5pujwq

A Default-Logic Paradigm for Legal Reasoning and Factfinding

Vern R. Walker
2006 Social Science Research Network  
to model legal cases and legal areas incrementally, while adding automatically to a cumulative logic model of legal knowledge.  ...  A complete inference tree for the legal reasoning in a particular case will include an implication tree modeling the substantive and process rules that are applicable, with schematized evidentiary assertions  ...  For the default-logic paradigm, especially when incorporated into intelligent software, is above all a framework to help legal systems improve the legal reasoning and factfinding in the next legal case  ... 
doi:10.2139/ssrn.908626 fatcat:n5ah4yilp5baroe6xnnj5l2v2q

Using Machine Learning to Guide Cognitive Modeling: A Case Study in Moral Reasoning [article]

Mayank Agrawal, Joshua C. Peterson, Thomas L. Griffiths
2019 arXiv   pre-print
In this paper, we outline a data-driven, iterative procedure that allows cognitive scientists to use machine learning to generate models that are both interpretable and accurate.  ...  The recently released Moral Machine dataset allows us to build a powerful model that can predict the outcomes of these conflicts while remaining simple enough to explain the basis behind human decisions  ...  This model was trained on the dataset to infer the values of u and λ.  ... 
arXiv:1902.06744v3 fatcat:m6e4vjwo7nfkrhcltncwlhqkiq

Pluralism and Deformalisation as Mechanisms in the Achievement of More Equitable and Just Outcomes - The Move from 'Classical Formalism' to Deformalisation

Marianne Ojo
2011 Social Science Research Network  
By tracing the development and evolvement of certain legal theories over the centuries, as well as consequences emanating from such developments, this paper highlights how and why a shift from the model  ...  , are capable of achieving more equitable, just and unifying goals as opposed to a model which merely strives for the achievement of legal certainty.  ...  legal reasons available for a judge to offer in support of his or her decision justifies one and only one outcome either in all cases or in some significant and contested range of cases (e.g., cases that  ... 
doi:10.2139/ssrn.1891830 fatcat:srrwou4pjfgl5bfxmtiupytimm

Is Incorporation the Solution to the Enigma of Corporate Tax Residency for International Tax Purposes?

Charles Edward Andrew Lincoln
2020 Texas A&M Law Review  
The author now critiques the point of that article and comes to a different conclusion based on different criteria: specifically, new case law, Musgrave's economic theory of accretion of wealth, and the  ...  Incorporation of a company for testing residency—if applied uniformly—is likely the best and most accurate way to reflect corporate residency for tax purposes.  ...  Ultimately, this is a distinction between placing more value on the jurisprudential values of legal formalism and legal realism.  ... 
doi:10.37419/lr.v7.arg.3 fatcat:t66wcjpwvjbk3g3jrjwp2h3dqi

A framework for the extraction and modeling of fact-finding reasoning from legal decisions: lessons from the Vaccine/Injury Project Corpus

Vern R. Walker, Nathaniel Carie, Courtney C. DeWitt, Eric Lesh
2011 Artificial Intelligence and Law  
This article describes the Vaccine/Injury Project Corpus, a collection of legal decisions awarding or denying compensation for health injuries allegedly due to vaccinations, together with models of the  ...  logical structure of the reasoning of the factfinders in those cases.  ...  Acknowledgments The authors gratefully acknowledge the work on the Vaccine/Injury Project of their colleagues at the Law, Logic and Technology Research Laboratory: Irnande Altema, Orly Bertel, Chan Hee  ... 
doi:10.1007/s10506-011-9115-2 fatcat:jhqods7ylrgr5ningfpizg5ceq

Compliance patterns

Robert Muthuri, Guido Boella, Joris Hulstijn, Sara Capecchi, Llio Humphreys
2017 Proceedings of the 16th edition of the International Conference on Articial Intelligence and Law - ICAIL '17  
We apply informal logic to bridge the gap between the principles of interpretation in legal theory with the legal rules that determine compliance of business processes.  ...  Companies must be able to demonstrate that their way of doing business is compliant with relevant rules and regulations.  ...  REasoning with Legal texts".  ... 
doi:10.1145/3086512.3086526 dblp:conf/icail/MuthuriBHCH17 fatcat:7pyqni5em5eznadmpycuk7usye

Business Strategies for Managing the Legal Risks of Social Media

Evan A. Peterson
2014 Journal of Management and Sustainability  
the negligent hiring theory and anti-discrimination laws.  ...  The recent growth of social media has dramatically changed interactions between the personal, business, and legal spheres of society.  ...  Originally developed by DuPont attorneys to cut legal expenses and manage a caseload with an annual growth rate of 20-40% (Siedel & Haapio, 2011) , the Model was inspired by the business practices of  ... 
doi:10.5539/jms.v4n3p96 fatcat:juqr2qatejcbhbsvlwc44es5mm

Interpreting the Claim to Legitimate Authority: an Analysis of Joseph Raz's Objection Against Incorporating Moral Norms into Law

Ramiro Ávila Peres
2019 Ethic@: an International Journal for Moral Philosophy  
From a critical review of the literature, we analyze the incompatibility between the possibility of incorporating moral principles to the law and its authoritative nature, as argued by exclusive positivists  ...  After presenting his argument in second section, we argue in the third section that it is incompatible with commonly accepted (even by Raz) premises of the theory of legal interpretation, or else it would  ...  We construct a theory of law, that is, in the same way that we construct a theory of other political values-of equality, liberty, and democracy."  ... 
doi:10.5007/1677-2954.2019v18n3p319 fatcat:5ecfd76mxbbijk4hdkkm6ixh5m

The development of the CoRE-Values framework as an aid to ethical decision-making

Helen M. Manson
2012 Medical Teacher  
Conclusions: The 'CoRE-Values Compass and Grid' is a new framework, shown to aid the systematic identification and consideration of ethical aspects to clinical cases.  ...  Students and instructors reported that the framework helped to link ethics theory with clinical practice.  ...  Declaration of interest: The author reports no declarations of interest.  ... 
doi:10.3109/0142159x.2012.660217 pmid:22455718 fatcat:nqnhfmp3w5ddxo54ks7qnfzeoa
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