This book describes how text analytics and computational models of legal reasoning will improve legal IR and let computers help humans solve legal problems.
This volume is a presentation of all methods of legal knowledge representation from the point of view of jurisprudence as well as computer science. A new method of automatic analysis of legal texts is presented in four case studies. Law is seen as an information system with legally formalised information processes. The achieved coverage of legal knowledge in information retrieval systems has to be followed by the next step: conceptual indexing and automatic analysis of texts. Existing approaches of automatic knowledge representations do not have a proper link to the legal language in information systems. The concept-based model for semi-automatic analysis of legal texts provides this necessary connection. The knowledge base of descriptors, context-sensitive rules and meta-rules formalises properly all important passages in the text corpora for automatic analysis. Statistics and self-organising maps give assistance in knowledge acquisition. The result of the analysis is organised with automatically generated hypertext links. Four case studies show the huge potential but also some drawbacks of this approach.
Most legal expert systems attempt to implement complex models of legal reasoning. But the utility of a legal expert system lies not in the extent to which it simulates a lawyer’s approach to a legal problem, but in the quality of its predictions and of its arguments. A complex model of legal reasoning is not necessary: a successful legal expert system can be based upon a simplified model of legal reasoning. Some researchers have based their systems upon a jurisprudential approach to the law, yet lawyers are patently able to operate without any jurisprudential insight. A useful legal expert system should be capable of producing advice similar to that which one might get from a lawyer, so it should operate at the same pragmatic level of abstraction as does a lawyer—not at the more philosophical level of jurisprudence. A legal expert system called SHYSTER has been developed to demonstrate that a useful legal expert system can be based upon a pragmatic approach to the law. SHYSTER has a simple representation structure which simplifies the problem of knowledge acquisition. Yet this structure is complex enough for SHYSTER to produce useful advice. SHYSTER is a case-based legal expert system (although it has been designed so that it can be linked with a rule-based system to form a hybrid legal expert system). Its advice is based upon an examination of, and an argument about, the similarities and differences between cases. SHYSTER attempts to model the way in which lawyers argue with cases, but it does not attempt to model the way in which lawyers decide which cases to use in those arguments. Instead, it employs statistical techniques to quantify the similarity between cases. It decides which cases to use in argument, and what prediction it will make, on the basis of that similarity measure. SHYSTER is of a general design: it can provide advice in areas of case law that have been specified by a legal expert using a specification language. Hence, it can operate in different legal domains. Four different, and disparate, areas of law have been specified for SHYSTER, and its operation has been tested in each of those domains. Testing of SHYSTER in these four domains indicates that it is exceptionally good at predicting results, and fairly good at choosing cases with which to construct its arguments. SHYSTER demonstrates the viability of a pragmatic approach to legal expert system design.
Most legal expert systems attempt to implement complex models of legal reasoning. This book argues that a complex model is unnecessary. It advocates a simpler, pragmatic approach in which the utility of a legal expert system is evaluated by reference, not to the extent to which it simulates a lawyer's approach to a legal problem, but to the quality of its predictions and of its arguments. The author describes the development of a legal expert system, called SHYSTER, which takes a pragmatic approach to case law. He discusses the testing of SHYSTER in four different and disparate areas of case law, and draws conclusions about the advantages and limitations of this approach to legal expert system development. Chapter 1 presents a critical analysis of previous work of relevance to the development of legal expert systems. Chapter 2 explains the pragmatic approach that was adopted in the development of SHYSTER. The implementation of SHYSTER is detailed using examples in chapter 3. Chapter 4 describes the testing of SHYSTER, and conclusions are drawn from those tests in chapter 5. Examples of SHYSTER's output are provided in appendices.
A guide for using computational text analysis to learn about the social world From social media posts and text messages to digital government documents and archives, researchers are bombarded with a deluge of text reflecting the social world. This textual data gives unprecedented insights into fundamental questions in the social sciences, humanities, and industry. Meanwhile new machine learning tools are rapidly transforming the way science and business are conducted. Text as Data shows how to combine new sources of data, machine learning tools, and social science research design to develop and evaluate new insights. Text as Data is organized around the core tasks in research projects using text—representation, discovery, measurement, prediction, and causal inference. The authors offer a sequential, iterative, and inductive approach to research design. Each research task is presented complete with real-world applications, example methods, and a distinct style of task-focused research. Bridging many divides—computer science and social science, the qualitative and the quantitative, and industry and academia—Text as Data is an ideal resource for anyone wanting to analyze large collections of text in an era when data is abundant and computation is cheap, but the enduring challenges of social science remain. Overview of how to use text as data Research design for a world of data deluge Examples from across the social sciences and industry
Informatics and the Foundations of Legal Reasoning represents a close collaboration between a wide range of disciplines and countries. Fourteen papers, together with a long analytical introduction by the editors, were selected from the contributions of legal theorists, computer scientists, philosophers and logicians who were members of an International Working Group supported by the European Commission. The Group was mandated to work towards determining how far the law is amenable to formal modeling, and in what ways computers might assist legal thinking and practice. The book is the result of discussions held by the Group over two and half years. It will help students and researchers from different backgrounds to focus on a common set of topics of increasing general interest. It embodies the results of work in progress and suggests many issues for further discussion. A stimulating text for undergraduate and graduate courses in law, philosophy and computer science departments, as well as for those interested in the place of computers in legal practice, especially at the international level.
This book is a revised and extended version of my PhD Thesis 'Logical Tools for Modelling Legal Argument', which I defended on 14 January 1993 at the Free University Amsterdam. The first five chapters of the thesis have remained almost completely unchanged but the other chapters have undergone considerable revision and expansion. Most importantly, I have replaced the formal argument-based system of the old Chapters 6, 7 and 8 with a revised and extended system, whieh I have developed during the last three years in collaboration with Giovanni Sartor. Apart from some technical improvements, the main additions to the old system are the enriehment of its language with a nonprovability operator, and the ability to formalise reasoning about preference criteria. Moreover, the new system has a very intuitive dialectieal form, as opposed to the rather unintuitive fixed-point appearance of the old system. Another important revision is the split of the old Chapter 9 into two new chapters. The old Section 9. 1 on related research has been updated and expanded into a whole chapter, while the rest of the old chapter is now in revised form in Chapter 10. This chapter also contains two new contributions, a detailed discussion of Gordon's Pleadings Game, and a general description of a multi-Iayered overall view on the structure of argu mentation, comprising a logieal, dialectical, procedural and strategie layer. Finally, in the revised conclusion I have paid more attention to the relevance of my investigations for legal philosophy and argumentation theory.
Most contemporary legal philosophers tend to take force to be an accessory to the law. According to this prevalent view the law primarily consists of a series of demands made on us; force, conversely, comes into play only when these demands fail to be satisfied. This book claims that this model should be jettisoned in favour of a radically different one: according to the proposed view, force is not an accessory to the law but rather its attribute. The law is not simply a set of rules incidentally guaranteed by force, but it should be understood as essentially rules about force. The book explores in detail the nature of this claim and develops its corollaries. It then provides an overview of the contemporary jurisprudential debates relating to force and violence, and defends its claims against well-known counter-arguments by Hart, Raz and others. This book offers an innovative insight into the concept of Pure Theory. In contrast to what was claimed by Hans Kelsen, the most eminent contributor to this theory, the author argues that the core insight of the Pure Theory is not to be found in the concept of a basic norm, or in the supposed absence of a conceptual relation between law and morality, but rather in the fundamental and comprehensive reformulation of how to model the functioning of the law intended as an ordering of force and violence.
In this book, Georgios N. Yannopoulos appropriately relates the developing field of knowledge based systems in law with the basis in classic philosophy, explicating relations which too often are not properly understood. The decision model developed by the author is important, as it integrates and explains arguments which often have been seen as imcompatible. The use of the theoretical foundation in describing and in giving a critical analysis of the construction of real knowledge bases systems becomes therefore very valuable.and Jon Bing, Norwegian Research Center for Computers and Law andExpert systems in law have not been as easily achieved as was originally envisaged, because too many thought the task to be trivial and ignored the complex issues involved. Yannopoulosand work is valuable because he attempts to detail these issues and overcome them.and Philip Leith, Queenands University of Belfast andYannopoulosand book addresses some of the most crucial problems in the field of information technology and law. The development of more advanced IT solutions for the legal sector will always be closely related to our ability to model and understand the legal reasoning process. In his analysis Yannopoulos elegantly integrates knowledge from many different areas, and in this respect the book reflects an all too seldom seen broadness.and Pete Wahlgren, The Swedish Law and Informatics Research Institute (IRI) andThere has been an abundance of recent research on developing intelligent support systems. Dr Yannopoulosand work is especially significant because it examines the necessary legal background for building such systems. It will be an essential reference for the prospective builders of intelligent legal support systems.and John Zeleznikow, La Trobe University, Bundoora, Australia