Few automated legal reasoning systems have been developed in domains of law in which a judicial decision maker has extensive discretion in the exercise of his or her powers. Discretionary domains challenge existing artificial intelligence paradigms because models of judicial reasoning are difficult, if not impossible to specify. We argue that judicial discretion adds to the characterisation of law as open textured in a way which has not been addressed by artificial intelligence and law researchers in depth. We demonstrate that (...) systems for reasoning with this form of open texture can be built by integrating rule sets with neural networks trained with data collected from standard past cases. The obstacles to this approach include difficulties in generating explanations once conclusions have been inferred, difficulties associated with the collection of sufficient data from past cases and difficulties associated with integrating two vastly different paradigms. A knowledge representation scheme based on the structure of arguments proposed by Toulmin has been used to overcome these obstacles. The system, known as Split Up, predicts judicial decisions in property proceedings within family law in Australia. Predictions from the system have been compared to those from a group of lawyers with favourable results. (shrink)

In this short note, we discuss several aspectsof “dimensions” and the related constructof “factors”. We concentrate on those aspectsthat are relevant to articles in this specialissue, especially those dealing with the analysisof the wild animal cases discussed inBerman and Hafner's 1993 ICAIL article. We reviewthe basic ideas about dimensions,as used in HYPO, and point out differences withfactors, as used in subsequent systemslike CATO. Our goal is to correct certainmisconceptions that have arisen over the years.

In this article a dialectical model for practical reasoning within a community, based on the Generic/Actual Argument Model (GAAM) is advanced and its application to deliberative dialogue discussed. The GAAM, offers a dynamic template for structuring knowledge within a domain of discourse that is connected to and regulated by a community. The paper demonstrates how the community accepted generic argument structure acts to normatively influence both admissible reasoning and the progression of dialectical reasoning between participants. It is further demonstrated that (...) these types of deliberation dialogues supported by the GAAM comply with criteria for normative principles for deliberation, specifically, Alexy’s rules for discourse ethics and Hitchcock’s Principles of Rational Mutual Inquiry. The connection of reasoning to the community in a documented and transparent structure assists in providing best justified reasons, principles of deliberation and ethical discourse which are important advantages for reasoning communities. (shrink)

Purpose This paper aims to use the writings of Mikhail Bakhtin to reveal new insights into the role and impact of social media in health-care settings. Design/methodology/approach With the help of Bakhtin’s constructs of dialogism, polyphony, heteroglossia and carnival, the power and influences of the social media phenomenon in health-care settings, are explored. Findings It is apparent from the in-depth analysis conducted that there is a delicate balance between the need to increase dialogue and the need to safeguard public health, (...) in the use of social media for health-related communication. Bakhtin‘s constructs elucidate this delicate balance and highlight the need for health-care providers that use social media to find the right balance between these competing communicational priorities. Originality/value This paper advances a nascent theoretical approach to social media research. By applying Bakhtinian ideas to consumer health informatics, this paper has the potential to open a new approach to theorizing the role of social software in health-care settings. Stakeholders in digital health will find this paper useful, as it opens up dialogue to further discuss the role of social media in health care. (shrink)