A model of legal reasoning with cases incorporating theories and values

  • Authors:

  • Trevor Bench-Capon;Giovanni Sartor

  • Affiliations:

  • Department of Computer Science, The University of Liverpool, Liverpool, UK;CIRSFID, Faculty of Law, University of Bologna, Italy

  • Venue:
  • Artificial Intelligence - Special issue on AI and law
  • Year:
  • 2003

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Abstract

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.