Abstract
This paper studies the use of hypothetical and value-based reasoning in US Supreme-Court cases concerning the United States
Fourth Amendment. Drawing upon formal AI & Law models of legal argument a semi-formal reconstruction is given of parts of
the Carney case, which has been studied previously in AI & law research on case-based reasoning. As part of the reconstruction, a semi-formal
proposal is made for extending the formal AI & Law models with forms of metalevel reasoning in several argument schemes. The
result is compared with Rissland’s (1989) analysis in terms of dimensions and Ashley’s (2008) analysis in terms of his process model of legal argument with hypotheticals.
Fourth Amendment. Drawing upon formal AI & Law models of legal argument a semi-formal reconstruction is given of parts of
the Carney case, which has been studied previously in AI & law research on case-based reasoning. As part of the reconstruction, a semi-formal
proposal is made for extending the formal AI & Law models with forms of metalevel reasoning in several argument schemes. The
result is compared with Rissland’s (1989) analysis in terms of dimensions and Ashley’s (2008) analysis in terms of his process model of legal argument with hypotheticals.
- Content Type Journal Article
- Pages 153-174
- DOI 10.1007/s10506-010-9094-8
- Authors
- Trevor Bench-Capon, Department of Computer Science, University of Liverpool, Liverpool, UK
- Henry Prakken, Department of Information and Computing Sciences, Utrecht University, Utrecht, The Netherlands
- Journal Artificial Intelligence and Law
- Online ISSN 1572-8382
- Print ISSN 0924-8463
- Journal Volume Volume 18
- Journal Issue Volume 18, Number 2