NDLI: Dynamic arguments in a case law domain

Content Provider	ACM Digital Library
Author	Bench-Capon, Trevor Henderson, John
Abstract	In this paper we describe an approach to reasoning with cases which takes into account the view that case law evolves through a series of decisions. This is in contrast to approaches which take as a starting point a set of decided cases, with no account taken of the order in which they were decided. The model of legal reasoning we follow is based on Levi's account which shows how decided cases often need to be reinterpreted in the light of subsequent decisions, so that features of cases wax and wane in importance. Our aim is to reproduce the arguments that could have been used in a given case, rather than to apply a retrospective understanding of the law to them. A second novel feature is that we use a general purpose ontology to describe the cases, rather than one developed specifically to model the pertinent cases. The paper describes a prototype implementation, and uses an example to illustrate how our approach works. After this case by case description we make some remarks on the insights gained, and draw some conclusions.
Starting Page	60
Ending Page	69
Page Count	10
File Format	PDF
ISBN	1581133685
DOI	10.1145/383535.383542
Language	English
Publisher	Association for Computing Machinery (ACM)
Publisher Date	2001-05-01
Publisher Place	New York
Access Restriction	Subscribed
Content Type	Text
Resource Type	Article

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Dynamic arguments in a case law domain