Location of Repository

Liverpool

By John Henderson and Trevor Bench-capon

Abstract

In this paper we describe an approach to reasoning with cases which takes into account the view that case law evolves through a series of decisions. This is in contrast to approaches which takes as a starting point a set of decided cases, with no account taken of the order in which they were decided. The model of legal reasoning we follow is based on Levi's account which shows how decided cases often need to be reinterpreted in the light of subsequent decisions, so that features of cases wax and wane in importance. Our aim is to reproduce the arguments that could have been used in a given case, rather than to apply a retrospective understanding of the law to them. A second novel feature is that we use a general purpose ontology to describe the cases, rather than one developed specifically to model the pertinent cases. The paper describes a prototype implementation, and uses an example to illustrate how our approach works. After this case by case description we make some remarks on the insights gained, and draw some conclusions. 1

Year: 2011
OAI identifier: oai:CiteSeerX.psu:10.1.1.194.6458
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