Abstract
Stare decisis is a fundamental principle of case-based reasoning. Yet its application varies in complexity and depends, in particular, on whether relevant past decisions agree, or exist at all. The contribution of this paper is a formal treatment of types of the hardness of case-based decisions. The typology of hardness is defined in terms of the arguments for and against the issue to be decided, and their kind of validity (conclusive, presumptive, coherent, incoherent). We apply the typology of hardness to Berman and Hafner's research on the dynamics of case-based reasoning and show formally how the hardness of decisions varies with time.
| Original language | English |
|---|---|
| Title of host publication | Proceedings of the 18th International Conference on Artificial Intelligence and Law, ICAIL 2021 |
| Pages | 149-158 |
| Number of pages | 10 |
| ISBN (Electronic) | 9781450385268 |
| DOIs | |
| State | Published - Jul 27 2021 |
| Event | 18th International Conference on Artificial Intelligence and Law, ICAIL 2021 - Virtual, Online, Brazil Duration: Jun 21 2021 → Jun 25 2021 |
Publication series
| Name | Proceedings of the 18th International Conference on Artificial Intelligence and Law, ICAIL 2021 |
|---|
Conference
| Conference | 18th International Conference on Artificial Intelligence and Law, ICAIL 2021 |
|---|---|
| Country/Territory | Brazil |
| City | Virtual, Online |
| Period | 6/21/21 → 6/25/21 |
Bibliographical note
Publisher Copyright:© 2021 Owner/Author.
Funding
The authors would like to thank the reviewers and Wijnand van Woerkom for their valuable feedback on earlier versions of this paper. This research was partially funded by the Hybrid Intelligence Center, a 10-year programme funded by the Dutch Ministry of Education, Culture and Science through the Netherlands Organization for Scientific Research, https://hybrid-intelligence-centre.nl.
| Funders |
|---|
| Ministerie van Onderwijs, Cultuur en Wetenschap |
| Nederlandse Organisatie voor Wetenschappelijk Onderzoek |
Keywords
- case-based reasoning
- computational argumentation
- hard cases
ASJC Scopus subject areas
- Artificial Intelligence
- Software
- Law
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