Hierarchical Precedential Constraint

Open Access
Authors
  • W. van Woerkom
  • D. Grossi ORCID logo
  • H. Prakken
  • B. Verheij
Publication date 2023
Book title Nineteenth International Conference on Artificial Intelligence and Law
Book subtitle Proceedings of the Conference : Braga, Portugal, June 19-23, 2023, Universidade do Minho Law School
ISBN (electronic)
  • 9798400701979
Event 19th International Conference on Artificial Intelligence and Law, ICAIL 2023
Pages (from-to) 333-342
Number of pages 10
Publisher New York, New York: The Association for Computing Machinery
Organisations
  • Interfacultary Research - Institute for Logic, Language and Computation (ILLC)
  • Faculty of Law (FdR) - Amsterdam Center for Law & Economics (ACLE)
Abstract

In recent work, theories of case-based legal reasoning have been applied to the development of explainable artificial intelligence methods, through the analogy of training examples as previously decided cases. One such theory is that of precedential constraint. A downside of this theory with respect to this application is that it performs single-step reasoning, moving directly from the case base to an outcome. For this reason we propose a generalization of the theory of precedential constraint which allows multi-step reasoning, moving from the case base through a series of intermediate legal concepts before arriving at an outcome. Our generalization revolves around the notion of factor hierarchy, so we call this hierarchical precedential constraint. We present the theory, demonstrate its applicability to case-based legal reasoning, and perform a preliminary analysis of its theoretical properties.

Document type Conference contribution
Language English
Published at https://doi.org/10.1145/3594536.3595154
Other links https://www.scopus.com/pages/publications/85177848202
Downloads
3594536.3595154 (Final published version)
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