Artificial Intelligence and Law最新文献_第9页

How to justify a backing’s eligibility for a warrant: the justification of a legal interpretation in a hard case 如何证明持证人有资格获得搜查令:在一个棘手的案件中证明法律解释的正当性

IF 4.1 2区社会学

Artificial Intelligence and Law Pub Date : 2022-03-25 DOI: 10.1007/s10506-022-09311-0

Shiyang Yu, Xi Chen

{"title":"How to justify a backing’s eligibility for a warrant: the justification of a legal interpretation in a hard case","authors":"Shiyang Yu, Xi Chen","doi":"10.1007/s10506-022-09311-0","DOIUrl":"10.1007/s10506-022-09311-0","url":null,"abstract":"<div><p>The Toulmin model has been proved useful in law and argumentation theory. This model describes the basic process in justifying a claim, which comprises six elements, i.e., claim (C), data (D), warrant (W), backing (B), qualifier (Q), and rebuttal (R). Specifically, in justifying a claim, one must put forward ‘data’ and a ‘warrant’, whereas the latter is authorized by ‘backing’. The force of the ‘claim’ being justified is represented by the ‘qualifier’, and the condition under which the claim cannot be justified is represented as the ‘rebuttal’. To further improve the model, (Goodnight, Informal Logic 15:41–52, 1993) points out that the selection of a backing needs justification, which he calls legitimation justification. However, how such justification is constituted has not yet been clarified. To identify legitimation justification, we separate it into two parts. One justifies a backing’s eligibility (legitimation justification<sub>1</sub>; LJ<sub>1</sub>); the other justifies its superiority over other eligible backings (legitimation justification<sub>2</sub>; LJ<sub>2</sub>). In this paper, we focus on LJ<sub>1</sub> and apply it to the legal justification (of judgements) in hard cases for illustration purposes. We submit that LJ<sub>1</sub> refers to the justification of the legal interpretation of a norm by its backing, which can be further separated into several orderable subjustifications. Taking the subjustification of a norm’s existence as an example, we show how it would be influenced by different positions in the philosophy of law. Taking the position of the theory of natural law, such subjustification is presented and evaluated. This paper aims not only to inform ongoing theoretical efforts to apply the Toulmin model in the legal field, but it also seeks to clarify the process in the justification of legal judgments in hard cases. It also offers background information for the possible construction of related AI systems. In our future work, LJ<sub>2</sub> and other subjustifications of LJ<sub>1</sub> will be discussed.</p></div>","PeriodicalId":51336,"journal":{"name":"Artificial Intelligence and Law","volume":null,"pages":null},"PeriodicalIF":4.1,"publicationDate":"2022-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46991345","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Smart criminal justice: exploring the use of algorithms in the Swiss criminal justice system 智能刑事司法:探索算法在瑞士刑事司法系统中的应用

IF 4.1 2区社会学

Artificial Intelligence and Law Pub Date : 2022-03-14 DOI: 10.1007/s10506-022-09310-1

Monika Simmler, Simone Brunner, Giulia Canova, Kuno Schedler

{"title":"Smart criminal justice: exploring the use of algorithms in the Swiss criminal justice system","authors":"Monika Simmler, Simone Brunner, Giulia Canova, Kuno Schedler","doi":"10.1007/s10506-022-09310-1","DOIUrl":"10.1007/s10506-022-09310-1","url":null,"abstract":"<div><p>In the digital age, the use of advanced technology is becoming a new paradigm in police work, criminal justice, and the penal system. Algorithms promise to predict delinquent behaviour, identify potentially dangerous persons, and support crime investigation. Algorithm-based applications are often deployed in this context, laying the groundwork for a ‘smart criminal justice’. In this qualitative study based on 32 interviews with criminal justice and police officials, we explore the reasons why and extent to which such a smart criminal justice system has already been established in Switzerland, and the benefits perceived by users. Drawing upon this research, we address the spread, application, technical background, institutional implementation, and psychological aspects of the use of algorithms in the criminal justice system. We find that the Swiss criminal justice system is already significantly shaped by algorithms, a change motivated by political expectations and demands for efficiency. Until now, algorithms have only been used at a low level of automation and technical complexity and the levels of benefit perceived vary. This study also identifies the need for critical evaluation and research-based optimization of the implementation of advanced technology. Societal implications, as well as the legal foundations of the use of algorithms, are often insufficiently taken into account. By discussing the main challenges to and issues with algorithm use in this field, this work lays the foundation for further research and debate regarding how to guarantee that ‘smart’ criminal justice is actually carried out smartly.</p></div>","PeriodicalId":51336,"journal":{"name":"Artificial Intelligence and Law","volume":null,"pages":null},"PeriodicalIF":4.1,"publicationDate":"2022-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://link.springer.com/content/pdf/10.1007/s10506-022-09310-1.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47728642","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 6

The winter, the summer and the summer dream of artificial intelligence in law 法律中人工智能的冬、夏、夏之梦

IF 4.1 2区社会学

Artificial Intelligence and Law Pub Date : 2022-02-03 DOI: 10.1007/s10506-022-09309-8

Enrico Francesconi

{"title":"The winter, the summer and the summer dream of artificial intelligence in law","authors":"Enrico Francesconi","doi":"10.1007/s10506-022-09309-8","DOIUrl":"10.1007/s10506-022-09309-8","url":null,"abstract":"<div><p>This paper reflects my address as IAAIL president at ICAIL 2021. It is aimed to give my vision of the status of the AI and Law discipline, and possible future perspectives. In this respect, I go through different seasons of AI research (of AI and Law in particular): from the Winter of AI, namely a period of mistrust in AI (throughout the eighties until early nineties), to the Summer of AI, namely the current period of great interest in the discipline with lots of expectations. One of the results of the first decades of AI research is that “intelligence requires knowledge”. Since its inception the Web proved to be an extraordinary vehicle for knowledge creation and sharing, therefore it’s not a surprise if the evolution of AI has followed the evolution of the Web. I argue that a bottom-up approach, in terms of machine/deep learning and NLP to extract knowledge from raw data, combined with a top-down approach, in terms of legal knowledge representation and models for legal reasoning and argumentation, may represent a promotion for the development of the Semantic Web, as well as of AI systems. Finally, I provide my insight in the potential of AI development, which takes into account technological opportunities and theoretical limits.</p></div>","PeriodicalId":51336,"journal":{"name":"Artificial Intelligence and Law","volume":null,"pages":null},"PeriodicalIF":4.1,"publicationDate":"2022-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://link.springer.com/content/pdf/10.1007/s10506-022-09309-8.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50444423","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 10

Rethinking the field of automatic prediction of court decisions 对法院判决自动预测领域的再思考

IF 4.1 2区社会学

Artificial Intelligence and Law Pub Date : 2022-01-25 DOI: 10.1007/s10506-021-09306-3

Masha Medvedeva, Martijn Wieling, Michel Vols

引用次数: 31

Counterfactuals for causal responsibility in legal contexts 法律背景下因果责任的反事实

IF 4.1 2区社会学

Artificial Intelligence and Law Pub Date : 2022-01-24 DOI: 10.1007/s10506-021-09307-2

Holger Andreas, Matthias Armgardt, Mario Gunther

引用次数: 1

Lawmaps: enabling legal AI development through visualisation of the implicit structure of legislation and lawyerly process 法律地图:通过可视化立法和律师程序的隐含结构，促进法律人工智能的发展

IF 4.1 2区社会学

Artificial Intelligence and Law Pub Date : 2022-01-24 DOI: 10.1007/s10506-021-09298-0

Scott McLachlan, Evangelia Kyrimi, Kudakwashe Dube, Norman Fenton, Lisa C. Webley

{"title":"Lawmaps: enabling legal AI development through visualisation of the implicit structure of legislation and lawyerly process","authors":"Scott McLachlan, Evangelia Kyrimi, Kudakwashe Dube, Norman Fenton, Lisa C. Webley","doi":"10.1007/s10506-021-09298-0","DOIUrl":"10.1007/s10506-021-09298-0","url":null,"abstract":"<div><p>Modelling that exploits visual elements and information visualisation are important areas that have contributed immensely to understanding and the computerisation advancements in many domains and yet remain unexplored for the benefit of the law and legal practice. This paper investigates the challenge of modelling and expressing structures and processes in legislation and the law by using visual modelling and information visualisation (InfoVis) to assist accessibility of legal knowledge, practice and knowledge formalisation as a basis for legal AI. The paper uses a subset of the well-defined Unified Modelling Language (UML) to visually express the structure and process of the legislation and the law to create visual flow diagrams called lawmaps, which form the basis of further formalisation. A lawmap development methodology is presented and evaluated by creating a set of lawmaps for the practice of conveyancing and the Landlords and Tenants Act 1954 of the United Kingdom. This paper is the first of a new breed of preliminary solutions capable of application across all aspects, from legislation to practice; and capable of accelerating development of legal AI.</p></div>","PeriodicalId":51336,"journal":{"name":"Artificial Intelligence and Law","volume":null,"pages":null},"PeriodicalIF":4.1,"publicationDate":"2022-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://link.springer.com/content/pdf/10.1007/s10506-021-09298-0.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42020567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Black is the new orange: how to determine AI liability 黑色是新的橙色:如何确定人工智能责任

IF 4.1 2区社会学

Artificial Intelligence and Law Pub Date : 2022-01-15 DOI: 10.1007/s10506-022-09308-9

Paulo Henrique Padovan, Clarice Marinho Martins, Chris Reed

引用次数: 7

Improving abstractive summarization of legal rulings through textual entailment 通过文本蕴涵改进法律裁决书的抽象概括

IF 4.1 2区社会学

Artificial Intelligence and Law Pub Date : 2021-11-27 DOI: 10.1007/s10506-021-09305-4

Diego de Vargas Feijo, Viviane P. Moreira

引用次数: 14

DeepRhole: deep learning for rhetorical role labeling of sentences in legal case documents DeepRhole:法律案件文件中句子修辞角色标注的深度学习

IF 4.1 2区社会学

Artificial Intelligence and Law Pub Date : 2021-11-13 DOI: 10.1007/s10506-021-09304-5

Paheli Bhattacharya, Shounak Paul, Kripabandhu Ghosh, Saptarshi Ghosh, Adam Wyner

{"title":"DeepRhole: deep learning for rhetorical role labeling of sentences in legal case documents","authors":"Paheli Bhattacharya, Shounak Paul, Kripabandhu Ghosh, Saptarshi Ghosh, Adam Wyner","doi":"10.1007/s10506-021-09304-5","DOIUrl":"10.1007/s10506-021-09304-5","url":null,"abstract":"<div><p>The task of rhetorical role labeling is to assign labels (such as Fact, Argument, Final Judgement, etc.) to sentences of a court case document. Rhetorical role labeling is an important problem in the field of Legal Analytics, since it can aid in various downstream tasks as well as enhances the readability of lengthy case documents. The task is challenging as case documents are highly various in structure and the rhetorical labels are often subjective. Previous works for automatic rhetorical role identification (i) mainly used Conditional Random Fields over manually handcrafted features, and (ii) focused on certain law domains only (e.g., Immigration cases, Rent law), and a particular jurisdiction/country (e.g., US, Canada, India). In this work, we improve upon the prior works on rhetorical role identification by proposing novel Deep Learning models for automatically identifying rhetorical roles, which substantially outperform the prior methods. Additionally, we show the effectiveness of the proposed models over documents from five different law domains, and from two different jurisdictions—the Supreme Court of India and the Supreme Court of the UK. Through extensive experiments over different variations of the Deep Learning models, including Transformer models based on BERT and LegalBERT, we show the robustness of the methods for the task. We also perform an extensive inter-annotator study and analyse the agreement of the predictions of the proposed model with the annotations by domain experts. We find that some rhetorical labels are inherently hard/subjective and both law experts and neural models frequently get confused in predicting them correctly.</p></div>","PeriodicalId":51336,"journal":{"name":"Artificial Intelligence and Law","volume":null,"pages":null},"PeriodicalIF":4.1,"publicationDate":"2021-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44962668","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 16

Human-Algorithm Interaction: Algorithmic Pricing in Hybrid Laboratory Markets 人-算法交互:混合实验室市场中的算法定价

IF 4.1 2区社会学

Artificial Intelligence and Law Pub Date : 2021-10-29 DOI: 10.2139/ssrn.3840789

Hans-Theo Normann, Martin Sternberg

引用次数: 5