A model of legal reasoning with cases incorporating theories and values

被引：124
作者：
Bench-Capon, T [1 ]
Sartor, G
机构：
[1] Univ Liverpool, Dept Comp Sci, Liverpool L69 3BX, Merseyside, England
[2] Univ Bologna, Fac Law, CIRSFID, Bologna, Italy
来源：
ARTIFICIAL INTELLIGENCE | 2003年 / 150卷 / 1-2期
关键词：
legal reasoning; case-based reasoning; theory construction;
D O I：
10.1016/S0004-3702(03)00108-5
中图分类号：
TP18 [人工智能理论];
学科分类号：
081104 ; 0812 ; 0835 ; 1405 ;
摘要：
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. (C) 2003 Elsevier B.V. All rights reserved.
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页码：97 / 143
页数：47
相关论文
共 49 条
[21]  
GOODHART AL, 1959, MOD LAW REV, V21, P117
[22]   The role of context in case-based legal reasoning: Teleological, temporal, and procedural [J].
Hafner C.D. ;
Berman D.H. .
Artificial Intelligence and Law, 2002, Kluwer Academic Publishers (10) :19-64
[23]  
Hage J, 2000, FR ART INT, V64, P59
[24]  
Hage J., 2001, P 8 INT C ART INT LA, P22
[25]  
HAGE JC, 1997, REASONING RULES
[26]   POSITIVISM AND THE SEPARATION OF LAW AND MORALS [J].
HART, HLA .
HARVARD LAW REVIEW, 1958, 71 (04) :593-629
[27]   Argument construction and reinstatement in logics for defeasible reasoning [J].
Horty J.F. .
Artificial Intelligence and Law, 2001, 9 (1) :1-28
[28]  
Levi EdwardH., 1949, An Introduction to Legal Reasoning
[29]  
MACCORMICK N, 1987, PRECEDENT LAW, P155
[30]  
McCarty L. T., 1982, LRPTR13 RUTG U COMP
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