Representation Of Case Law For Argumentative Reasoning

Al Abdulkarim, LM ORCID: 0000-0002-3368-6956 and Al-Abdulkarim, LM
(2017) Representation Of Case Law For Argumentative Reasoning. PhD thesis, University of Liverpool.

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Modelling argumentation based on legal cases has been a central topic of AI and Law since its very beginnings. The current established view is that facts must be determined on the basis of evidence. Next, these facts must be used to ascribe legally significant predicates (factors and issues) to the case, on the basis of which the outcome can be established. This thesis aims to provide a method to encapsulate the knowledge of bodies of case law from various legal domains using a recent development in AI knowledge representation, Abstract Dialectical Frameworks (ADFs), as the central feature of the design method. Three legal domains in the US Courts are used throughout the thesis: The domain of the Automobile Exception to the Fourth Amendment, which has been freshly analysed in terms of factors in this thesis; the US Trade Secrets domain analysed from well-known legal case-based reasoning systems (CATO and IBP); and the Wild Animals domain analysed extensively in AI and Law. In this work, ADFs play a role akin to that of Entity-Relationship models in the design of database systems to design and implement programs intended to decide cases, described as sets of factors, according to a theory of a particular domain based on a set of precedent cases relating to that domain. The ADFs in this thesis are instantiated from different starting points: factor-based representation of oral dialogues and factor-based analysis of legal opinions. A legal dialogue representation model is defined for the US Supreme Court Oral Hearing dialogues. The role of these hearings is to identify the components that can form the basis of an argument that will resolve the case. Dialogue moves used by participants have been identified as the dialogue proceeds to assert and modify argument components in term of issues, factors and facts, and to produce what are called Argument Component Trees (ACTs) for each participant in the dialogue, showing how these components relate to one another. The resulting trees can be then merged and used as input to decide the accepted components using an ADF. The model is illustrated using two landmark case studies in the Automobile Exception domain: Carney v. California and US v. Chadwick. A legal justification model is defined to capture knowledge in a legal domain and to provide justification and transparency of legal decisions. First, a legal domain ADF is instantiated from the factor hierarchy of CATO and IBP, then the method is applied to the other two legal domains. In each domain, the cases are expressed in terms of factors organised into an ADF, from which an executable program can be implemented in a straightforward way by taking advantage of the closeness of the acceptance conditions of the ADF to components of an executable program. The proposed method is evaluated to test the ease of implementation, the efficacy of the resulting program, the ease of refinement, transparency of the reasoning and transferability across legal domains. This evaluation suggests ways of improving the decision by incorporating the case facts, and considering justification and reasoning using portions of precedents. The final result is ANGELIC (ADF for kNowledGe Encapsulation of Legal Information from Cases), a method for producing programs that decide the cases with a high degree of accuracy in multiple domains.

Item Type: Thesis (PhD)
Divisions: Faculty of Science and Engineering > School of Electrical Engineering, Electronics and Computer Science
Depositing User: Symplectic Admin
Date Deposited: 27 Apr 2017 14:10
Last Modified: 19 Jan 2023 07:06
DOI: 10.17638/03007026