Rechtsvisualisierung & Legal Design DOI: 10.38023/eb626395-40e6-433f-b3b2-50523a4a0a9c

Context Graphs for Ampliative Analogical Legal Reasoning and Argumentation

Michael Kohlhase
Michael Kohlhase
Axel Adrian
Axel Adrian
Max Rapp
Max Rapp
Category:

Articles

Field of law:

Legal Theory

Collection:

Conference proceedings IRIS 2021

Citation: Michael Kohlhase / Axel Adrian / Max Rapp, Context Graphs for Ampliative Analogical Legal Reasoning and Argumentation , in: Jusletter IT 27-Mai-2021

Legal Reasoning involves both analytic/deductive and ampliative/analogical components. The latter are tightly connected to defeasibility in legal argumentation. Yet present rule-based models of defeasible legal inference are not ampliative: what is defeasibly derivable is solely determined by the contents of their knowledge base. We argue that a proper modelling of the analogical aspects of legal reasoning allows one to capture both much of its ampliative and much of its defeasible capabilities. Context graphs enable the representation of ampliative analogies as metalogical operations. We sketch algorithms acting on Context Graphs to implement analogical reasoning.


Table of contents

  • 1. Introduction
  • 2. Models of Analogical Reasoning
  • 3. Context Graphs in the OMDoc/MMT system
  • 4. Towards an Analogy-based, Ampliative Legal-Inference System
  • 5. Example: The Allowance Case (Taschengeld-Fall)
  • 6. Conclusion
  • 7. References
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