Hardness of case-based decisions: A formal theory

Open Access
Authors
Publication date 2021
Book title Eighteenth International Conference on Artificial Intelligence and Law : proceedings of the conference
Book subtitle São Paulo, Brasil, June 21-25, 2021, Law school, University of São Paulo
ISBN (electronic)
  • 9781450385268
Event 18th International Conference on Artificial Intelligence and Law, ICAIL 2021
Pages (from-to) 149-158
Number of pages 10
Publisher New York: Association for Computing Machinery
Organisations
  • Faculty of Law (FdR) - Amsterdam Center for Law & Economics (ACLE)
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.

Document type Conference contribution
Note 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.
Language English
Published at https://doi.org/10.1145/3462757.3466071
Other links https://www.scopus.com/pages/publications/85112375939
Downloads
3462757.3466071 (Final published version)
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