Pub Date : 2023-02-01DOI: 10.1007/s10506-023-09345-y
Deepali Jain, Malaya Dutta Borah, Anupam Biswas
The appropriate understanding and fast processing of lengthy legal documents are computationally challenging problems. Designing efficient automatic summarization techniques can potentially be the key to deal with such issues. Extractive summarization is one of the most popular approaches for forming summaries out of such lengthy documents, via the process of summary-relevant sentence selection. An efficient application of this approach involves appropriate scoring of sentences, which helps in the identification of more informative and essential sentences from the document. In this work, a novel sentence scoring approach DCESumm is proposed which consists of supervised sentence-level summary relevance prediction, as well as unsupervised clustering-based document-level score enhancement. Experimental results on two legal document summarization datasets, BillSum and Forum of Information Retrieval Evaluation (FIRE), reveal that the proposed approach can achieve significant improvements over the current state-of-the-art approaches. More specifically it achieves ROUGE metric F1-score improvements of (1−6)% and (6−12)% for the BillSum and FIRE test sets respectively. Such impressive summarization results suggest the usefulness of the proposed approach in finding the gist of a lengthy legal document, thereby providing crucial assistance to legal practitioners.
正确理解和快速处理冗长的法律文件是一个极具计算挑战性的问题。设计高效的自动摘要技术可能是解决这些问题的关键。提取式摘要是通过摘要相关句子的选择过程从此类冗长文档中形成摘要的最常用方法之一。这种方法的有效应用包括对句子进行适当的评分,这有助于从文档中识别出信息量更大、更重要的句子。在这项工作中,我们提出了一种新颖的句子评分方法 DCESumm,它包括有监督的句子级摘要相关性预测,以及基于聚类的无监督文档级评分增强。在 BillSum 和 Forum of Information Retrieval Evaluation (FIRE) 这两个法律文档摘要数据集上的实验结果表明,与目前最先进的方法相比,所提出的方法可以实现显著的改进。更具体地说,它在 BillSum 和 FIRE 测试集上的 ROUGE 指标 F1 分数分别提高了 (1-6)% 和 (6-12)%。这些令人印象深刻的总结结果表明,所提出的方法在找到冗长法律文件的要点方面非常有用,从而为法律从业人员提供了重要帮助。
{"title":"A sentence is known by the company it keeps: Improving Legal Document Summarization Using Deep Clustering","authors":"Deepali Jain, Malaya Dutta Borah, Anupam Biswas","doi":"10.1007/s10506-023-09345-y","DOIUrl":"10.1007/s10506-023-09345-y","url":null,"abstract":"<div><p>The appropriate understanding and fast processing of lengthy legal documents are computationally challenging problems. Designing efficient automatic summarization techniques can potentially be the key to deal with such issues. Extractive summarization is one of the most popular approaches for forming summaries out of such lengthy documents, via the process of summary-relevant sentence selection. An efficient application of this approach involves appropriate scoring of sentences, which helps in the identification of more informative and essential sentences from the document. In this work, a novel sentence scoring approach DCESumm is proposed which consists of supervised sentence-level summary relevance prediction, as well as unsupervised clustering-based document-level score enhancement. Experimental results on two legal document summarization datasets, BillSum and Forum of Information Retrieval Evaluation (FIRE), reveal that the proposed approach can achieve significant improvements over the current state-of-the-art approaches. More specifically it achieves ROUGE metric F1-score improvements of (1−6)% and (6−12)% for the BillSum and FIRE test sets respectively. Such impressive summarization results suggest the usefulness of the proposed approach in finding the gist of a lengthy legal document, thereby providing crucial assistance to legal practitioners.</p></div>","PeriodicalId":51336,"journal":{"name":"Artificial Intelligence and Law","volume":"32 1","pages":"165 - 200"},"PeriodicalIF":3.1,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43077802","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Evidences are important proofs to support judicial trials. Automatically extracting evidences from judgement documents can be used to assess the trial quality and support “Intelligent Court”. Current evidence extraction is primarily depended on sequence labelling models. Despite their success, they can only assign a label to a token, which is difficult to recognize nested evidence entities in judgment documents, where a token may belong to several evidences at the same time. In this paper, we present a novel evidence extraction architecture called ATT-MRC, in which extracting evidence entities is formalized as a question answer problem, where all evidence spans are screened out as possible correct answers. Furthermore, to address the data imbalance problem in the judgement documents, we revised the loss function and combined it with a data enhancement technique. Experimental results demonstrate that our model has better performance than related works in evidence extraction.
{"title":"A novel MRC framework for evidence extracts in judgment documents","authors":"Yulin Zhou, Lijuan Liu, Yanping Chen, Ruizhang Huang, Yongbin Qin, Chuan Lin","doi":"10.1007/s10506-023-09344-z","DOIUrl":"10.1007/s10506-023-09344-z","url":null,"abstract":"<div><p>Evidences are important proofs to support judicial trials. Automatically extracting evidences from judgement documents can be used to assess the trial quality and support “Intelligent Court”. Current evidence extraction is primarily depended on sequence labelling models. Despite their success, they can only assign a label to a token, which is difficult to recognize nested evidence entities in judgment documents, where a token may belong to several evidences at the same time. In this paper, we present a novel evidence extraction architecture called ATT-MRC, in which extracting evidence entities is formalized as a question answer problem, where all evidence spans are screened out as possible correct answers. Furthermore, to address the data imbalance problem in the judgement documents, we revised the loss function and combined it with a data enhancement technique. Experimental results demonstrate that our model has better performance than related works in evidence extraction.</p></div>","PeriodicalId":51336,"journal":{"name":"Artificial Intelligence and Law","volume":"32 1","pages":"147 - 163"},"PeriodicalIF":3.1,"publicationDate":"2023-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42226834","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-21DOI: 10.1007/s10506-022-09340-9
Hanif Bhuiyan, Guido Governatori, Andy Bond, Andry Rakotonirainy
Automated Vehicles (AVs) are designed and programmed to follow traffic rules. However, there is no separate and comprehensive regulatory framework dedicated to AVs. The current Queensland traffic rules were designed for humans. These rules often contain open texture expressions, exceptions, and potential conflicts (conflict arises when exceptions cannot be handled in rules), which makes it hard for AVs to follow. This paper presents an automatic compliance checking framework to assess AVs behaviour against current traffic rules by addressing these issues. Specifically, it proposes a framework to determine which traffic rules and open texture expressions need some additional interpretation. Essentially this enables AVs to have a suitable and executable formalization of the traffic rules. Defeasible Deontic Logic (DDL) is used to formalize traffic rules and reasoning with AV information (behaviour and environment). The representation of rules in DDL helps effectively in handling and resolving exceptions, potential conflicts, and open textures in rules. 40 experiments were conducted on eight realistic traffic scenarios to evaluate the framework. The evaluation was undertaken both quantitatively and qualitatively. The evaluation result shows that the proposed framework is a promising system for checking Automated Vehicle interpretation and compliance with current traffic rules.
自动驾驶汽车(AV)的设计和编程都遵循交通规则。然而,目前还没有专门针对自动驾驶汽车的单独而全面的监管框架。目前昆士兰州的交通规则是为人类设计的。这些规则通常包含开放式纹理表达、例外情况和潜在冲突(当规则无法处理例外情况时就会产生冲突),因此 AV 很难遵守。本文提出了一个自动合规性检查框架,通过解决这些问题,根据现行交通规则评估自动驾驶汽车的行为。具体来说,它提出了一个框架,用于确定哪些交通规则和开放式纹理表达需要一些额外的解释。从根本上说,这能使 AV 获得合适的、可执行的交通规则形式化。Defeasible Deontic Logic(DDL)用于正式确定交通规则和利用视听设备信息(行为和环境)进行推理。用 DDL 表示规则有助于有效处理和解决规则中的异常、潜在冲突和开放文本。为评估该框架,我们在八个现实交通场景中进行了 40 次实验。评估从定量和定性两个方面进行。评估结果表明,所提出的框架是一个很有前途的系统,可用于检查自动驾驶车辆对现行交通规则的解释和遵守情况。
{"title":"Traffic rules compliance checking of automated vehicle maneuvers","authors":"Hanif Bhuiyan, Guido Governatori, Andy Bond, Andry Rakotonirainy","doi":"10.1007/s10506-022-09340-9","DOIUrl":"10.1007/s10506-022-09340-9","url":null,"abstract":"<div><p>Automated Vehicles (AVs) are designed and programmed to follow traffic rules. However, there is no separate and comprehensive regulatory framework dedicated to AVs. The current Queensland traffic rules were designed for humans. These rules often contain open texture expressions, exceptions, and potential conflicts (conflict arises when exceptions cannot be handled in rules), which makes it hard for AVs to follow. This paper presents an automatic compliance checking framework to assess AVs behaviour against current traffic rules by addressing these issues. Specifically, it proposes a framework to determine which traffic rules and open texture expressions need some additional interpretation. Essentially this enables AVs to have a suitable and executable formalization of the traffic rules. Defeasible Deontic Logic (DDL) is used to formalize traffic rules and reasoning with AV information (behaviour and environment). The representation of rules in DDL helps effectively in handling and resolving exceptions, potential conflicts, and open textures in rules. 40 experiments were conducted on eight realistic traffic scenarios to evaluate the framework. The evaluation was undertaken both quantitatively and qualitatively. The evaluation result shows that the proposed framework is a promising system for checking Automated Vehicle interpretation and compliance with current traffic rules.</p></div>","PeriodicalId":51336,"journal":{"name":"Artificial Intelligence and Law","volume":"32 1","pages":"1 - 56"},"PeriodicalIF":3.1,"publicationDate":"2023-01-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42272030","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-08DOI: 10.1007/s10506-022-09343-6
Dovilė Barysė, Roee Sarel
Artificial intelligence plays an increasingly important role in legal disputes, influencing not only the reality outside the court but also the judicial decision-making process itself. While it is clear why judges may generally benefit from technology as a tool for reducing effort costs or increasing accuracy, the presence of technology in the judicial process may also affect the public perception of the courts. In particular, if individuals are averse to adjudication that involves a high degree of automation, particularly given fairness concerns, then judicial technology may yield lower benefits than expected. However, the degree of aversion may well depend on how technology is used, i.e., on the timing and strength of judicial reliance on algorithms. Using an exploratory survey, we investigate whether the stage in which judges turn to algorithms for assistance matters for individual beliefs about the fairness of case outcomes. Specifically, we elicit beliefs about the use of algorithms in four different stages of adjudication: (i) information acquisition, (ii) information analysis, (iii) decision selection, and (iv) decision implementation. Our analysis indicates that individuals generally perceive the use of algorithms as fairer in the information acquisition stage than in other stages. However, individuals with a legal profession also perceive automation in the decision implementation stage as less fair compared to other individuals. Our findings, hence, suggest that individuals do care about how and when algorithms are used in the courts.
{"title":"Algorithms in the court: does it matter which part of the judicial decision-making is automated?","authors":"Dovilė Barysė, Roee Sarel","doi":"10.1007/s10506-022-09343-6","DOIUrl":"10.1007/s10506-022-09343-6","url":null,"abstract":"<div><p>Artificial intelligence plays an increasingly important role in legal disputes, influencing not only the reality outside the court but also the judicial decision-making process itself. While it is clear why judges may generally benefit from technology as a tool for reducing effort costs or increasing accuracy, the presence of technology in the judicial process may also affect the public perception of the courts. In particular, if individuals are averse to adjudication that involves a high degree of automation, particularly given fairness concerns, then judicial technology may yield lower benefits than expected. However, the degree of aversion may well depend on how technology is used, i.e., on the timing and strength of judicial reliance on algorithms. Using an exploratory survey, we investigate whether the stage in which judges turn to algorithms for assistance matters for individual beliefs about the fairness of case outcomes. Specifically, we elicit beliefs about the use of algorithms in four different stages of adjudication: (i) information acquisition, (ii) information analysis, (iii) decision selection, and (iv) decision implementation. Our analysis indicates that individuals generally perceive the use of algorithms as fairer in the information acquisition stage than in other stages. However, individuals with a legal profession also perceive automation in the decision implementation stage as less fair compared to other individuals. Our findings, hence, suggest that individuals do care about how and when algorithms are used in the courts.</p></div>","PeriodicalId":51336,"journal":{"name":"Artificial Intelligence and Law","volume":"32 1","pages":"117 - 146"},"PeriodicalIF":3.1,"publicationDate":"2023-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9826621/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10526867","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.1007/s10506-021-09302-7
Fabiana Di Porto
{"title":"Algorithmic disclosure rules","authors":"Fabiana Di Porto","doi":"10.1007/s10506-021-09302-7","DOIUrl":"10.1007/s10506-021-09302-7","url":null,"abstract":"","PeriodicalId":51336,"journal":{"name":"Artificial Intelligence and Law","volume":"31 1","pages":"13-51"},"PeriodicalIF":4.1,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://link.springer.com/content/pdf/10.1007/s10506-021-09302-7.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50463408","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-27DOI: 10.1007/s10506-022-09341-8
Ha-Thanh Nguyen, Manh-Kien Phi, Xuan-Bach Ngo, Vu Tran, Le-Minh Nguyen, Minh-Phuong Tu
Legal text retrieval serves as a key component in a wide range of legal text processing tasks such as legal question answering, legal case entailment, and statute law retrieval. The performance of legal text retrieval depends, to a large extent, on the representation of text, both query and legal documents. Based on good representations, a legal text retrieval model can effectively match the query to its relevant documents. Because legal documents often contain long articles and only some parts are relevant to queries, it is quite a challenge for existing models to represent such documents. In this paper, we study the use of attentive neural network-based text representation for statute law document retrieval. We propose a general approach using deep neural networks with attention mechanisms. Based on it, we develop two hierarchical architectures with sparse attention to represent long sentences and articles, and we name them Attentive CNN and Paraformer. The methods are evaluated on datasets of different sizes and characteristics in English, Japanese, and Vietnamese. Experimental results show that: (i) Attentive neural methods substantially outperform non-neural methods in terms of retrieval performance across datasets and languages; (ii) Pretrained transformer-based models achieve better accuracy on small datasets at the cost of high computational complexity while lighter weight Attentive CNN achieves better accuracy on large datasets; and (iii) Our proposed Paraformer outperforms state-of-the-art methods on COLIEE dataset, achieving the highest recall and F2 scores in the top-N retrieval task.
{"title":"Attentive deep neural networks for legal document retrieval","authors":"Ha-Thanh Nguyen, Manh-Kien Phi, Xuan-Bach Ngo, Vu Tran, Le-Minh Nguyen, Minh-Phuong Tu","doi":"10.1007/s10506-022-09341-8","DOIUrl":"10.1007/s10506-022-09341-8","url":null,"abstract":"<div><p>Legal text retrieval serves as a key component in a wide range of legal text processing tasks such as legal question answering, legal case entailment, and statute law retrieval. The performance of legal text retrieval depends, to a large extent, on the representation of text, both query and legal documents. Based on good representations, a legal text retrieval model can effectively match the query to its relevant documents. Because legal documents often contain long articles and only some parts are relevant to queries, it is quite a challenge for existing models to represent such documents. In this paper, we study the use of attentive neural network-based text representation for statute law document retrieval. We propose a general approach using deep neural networks with attention mechanisms. Based on it, we develop two hierarchical architectures with sparse attention to represent long sentences and articles, and we name them Attentive CNN and Paraformer. The methods are evaluated on datasets of different sizes and characteristics in English, Japanese, and Vietnamese. Experimental results show that: (i) Attentive neural methods substantially outperform non-neural methods in terms of retrieval performance across datasets and languages; (ii) Pretrained transformer-based models achieve better accuracy on small datasets at the cost of high computational complexity while lighter weight Attentive CNN achieves better accuracy on large datasets; and (iii) Our proposed Paraformer outperforms state-of-the-art methods on COLIEE dataset, achieving the highest recall and F2 scores in the top-N retrieval task.</p></div>","PeriodicalId":51336,"journal":{"name":"Artificial Intelligence and Law","volume":"32 1","pages":"57 - 86"},"PeriodicalIF":3.1,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79421833","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The prediction of legal judgments is one of the most recognized fields in Natural Language Processing, Artificial Intelligence, and Law combined. By legal prediction, we mean intelligent systems capable of predicting specific judicial characteristics such as the judicial outcome, the judicial class, and the prediction of a particular case. In this study, we used an artificial intelligence classifier to predict the decisions of Brazilian courts. To this end, we developed a text crawler to extract data from official Brazilian electronic legal systems, consisting of two datasets of cases of second-degree murder and active corruption. We applied various classifiers, such as Support Vector Machines, Neural Networks, and others, to predict judicial outcomes by analyzing text features from the dataset. Our research demonstrated that Regression Trees, Gated Recurring Units, and Hierarchical Attention Networks tended to have higher metrics across our datasets. As the final goal, we searched the weights of one of the algorithms, Hierarchical Attention Networks, to find samples of the words that might be used to acquit or convict defendants based on their relevance to the algorithm.
{"title":"Using attention methods to predict judicial outcomes","authors":"Vithor Gomes Ferreira Bertalan, Evandro Eduardo Seron Ruiz","doi":"10.1007/s10506-022-09342-7","DOIUrl":"10.1007/s10506-022-09342-7","url":null,"abstract":"<div><p>The prediction of legal judgments is one of the most recognized fields in Natural Language Processing, Artificial Intelligence, and Law combined. By legal prediction, we mean intelligent systems capable of predicting specific judicial characteristics such as the judicial outcome, the judicial class, and the prediction of a particular case. In this study, we used an artificial intelligence classifier to predict the decisions of Brazilian courts. To this end, we developed a text crawler to extract data from official Brazilian electronic legal systems, consisting of two datasets of cases of second-degree murder and active corruption. We applied various classifiers, such as Support Vector Machines, Neural Networks, and others, to predict judicial outcomes by analyzing text features from the dataset. Our research demonstrated that Regression Trees, Gated Recurring Units, and Hierarchical Attention Networks tended to have higher metrics across our datasets. As the final goal, we searched the weights of one of the algorithms, Hierarchical Attention Networks, to find samples of the words that might be used to acquit or convict defendants based on their relevance to the algorithm.</p></div>","PeriodicalId":51336,"journal":{"name":"Artificial Intelligence and Law","volume":"32 1","pages":"87 - 115"},"PeriodicalIF":3.1,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88246283","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-16DOI: 10.1007/s10506-022-09339-2
Marko Marković, Stevan Gostojić
In this paper, we present a method for introducing law students to the writing of legal documents. The method uses a machine-readable representation of the legal knowledge to support document assembly and to help the students to understand how the assembly is performed. The knowledge base consists of enacted legislation, document templates, and assembly instructions. We propose a system called LEDAS (LEgal Document Assembly System) for the interactive assembly of legal documents. It guides users through the assembly process and provides explanations of the interconnection between input data and claims stated in the document. The system acts as a platform for practicing drafting skills and has great potential as an education tool. It allows teachers to configure the system for the assembly of some particular type of legal document and then enables students to draft the documents by investigating which information is relevant for these documents and how the input data shape the final document. The generated legal document is complemented by a graphical representation of legal arguments expressed in the document. The system is based on existing legal standards to facilitate its introduction in the legal domain. Applicability of the system in the education of future lawyers is positively evaluated by the group of law students and their TA.
{"title":"Legal document assembly system for introducing law students with legal drafting","authors":"Marko Marković, Stevan Gostojić","doi":"10.1007/s10506-022-09339-2","DOIUrl":"10.1007/s10506-022-09339-2","url":null,"abstract":"<div><p>In this paper, we present a method for introducing law students to the writing of legal documents. The method uses a machine-readable representation of the legal knowledge to support document assembly and to help the students to understand how the assembly is performed. The knowledge base consists of enacted legislation, document templates, and assembly instructions. We propose a system called LEDAS (LEgal Document Assembly System) for the interactive assembly of legal documents. It guides users through the assembly process and provides explanations of the interconnection between input data and claims stated in the document. The system acts as a platform for practicing drafting skills and has great potential as an education tool. It allows teachers to configure the system for the assembly of some particular type of legal document and then enables students to draft the documents by investigating which information is relevant for these documents and how the input data shape the final document. The generated legal document is complemented by a graphical representation of legal arguments expressed in the document. The system is based on existing legal standards to facilitate its introduction in the legal domain. Applicability of the system in the education of future lawyers is positively evaluated by the group of law students and their TA.</p></div>","PeriodicalId":51336,"journal":{"name":"Artificial Intelligence and Law","volume":"31 4","pages":"829 - 863"},"PeriodicalIF":4.1,"publicationDate":"2022-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://link.springer.com/content/pdf/10.1007/s10506-022-09339-2.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40717669","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-08DOI: 10.1007/s10506-022-09338-3
Frederike Zufall, Rampei Kimura, Linyu Peng
We propose simple nonlinear mathematical models for the legal concept of balancing of interests. Our aim is to bridge the gap between an abstract formalisation of a balancing decision while assuring consistency and ultimately legal certainty across cases. We focus on the conflict between the rights to privacy and to the protection of personal data in Art. 7 and Art. 8 of the EU Charter of Fundamental Rights (EUCh) against the right of access to information derived from Art. 11 EUCh. These competing rights are denoted by ((i_1)) right to privacy and ((i_2)) access to information; mathematically, their indices are respectively assigned by (u_1in [0,1]) and (u_2in [0,1]) subject to the constraint (u_1+u_2=1). This constraint allows us to use one single index u to resolve the conflict through balancing. The outcome will be concluded by comparing the index u with a prior given threshold (u_0). For simplicity, we assume that the balancing depends on only selected legal criteria such as the social status of affected person, and the sphere from which the information originated, which are represented as inputs of the models, called legal parameters. Additionally, we take “time” into consideration as a legal criterion, building on the European Court of Justice’s ruling on the right to be forgotten: by considering time as a legal parameter, we model how the outcome of the balancing changes over the passage of time. To catch the dependence of the outcome u by these criteria as legal parameters, data were created by a fully-qualified lawyer. By comparison to other approaches based on machine learning, especially neural networks, this approach requires significantly less data. This might come at the price of higher abstraction and simplification, but also provides for higher transparency and explainability. Two mathematical models for u, a time-independent model and a time-dependent model, are proposed, that are fitted by using the data.
{"title":"Towards a simple mathematical model for the legal concept of balancing of interests","authors":"Frederike Zufall, Rampei Kimura, Linyu Peng","doi":"10.1007/s10506-022-09338-3","DOIUrl":"10.1007/s10506-022-09338-3","url":null,"abstract":"<div><p>We propose simple nonlinear mathematical models for the legal concept of balancing of interests. Our aim is to bridge the gap between an abstract formalisation of a balancing decision while assuring consistency and ultimately legal certainty across cases. We focus on the conflict between the rights to privacy and to the protection of personal data in Art. 7 and Art. 8 of the EU Charter of Fundamental Rights (EUCh) against the right of access to information derived from Art. 11 EUCh. These competing rights are denoted by (<span>(i_1)</span>) <i>right to privacy </i> and (<span>(i_2)</span>) <i>access to information</i>; mathematically, their indices are respectively assigned by <span>(u_1in [0,1])</span> and <span>(u_2in [0,1])</span> subject to the constraint <span>(u_1+u_2=1)</span>. This constraint allows us to use one single index <i>u</i> to resolve the conflict through balancing. The outcome will be concluded by comparing the index <i>u</i> with a prior given threshold <span>(u_0)</span>. For simplicity, we assume that the balancing depends on only selected legal criteria such as the social status of affected person, and the sphere from which the information originated, which are represented as inputs of the models, called legal parameters. Additionally, we take “time” into consideration as a legal criterion, building on the European Court of Justice’s ruling on the right to be forgotten: by considering time as a legal parameter, we model how the outcome of the balancing changes over the passage of time. To catch the dependence of the outcome <i>u</i> by these criteria as legal parameters, data were created by a fully-qualified lawyer. By comparison to other approaches based on machine learning, especially neural networks, this approach requires significantly less data. This might come at the price of higher abstraction and simplification, but also provides for higher transparency and explainability. Two mathematical models for <i>u</i>, a time-independent model and a time-dependent model, are proposed, that are fitted by using the data.</p></div>","PeriodicalId":51336,"journal":{"name":"Artificial Intelligence and Law","volume":"31 4","pages":"807 - 827"},"PeriodicalIF":4.1,"publicationDate":"2022-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://link.springer.com/content/pdf/10.1007/s10506-022-09338-3.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49693770","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-05DOI: 10.1007/s10506-022-09333-8
Giovanni Sartor, Michał Araszkiewicz, Katie Atkinson, Floris Bex, Tom van Engers, Enrico Francesconi, Henry Prakken, Giovanni Sileno, Frank Schilder, Adam Wyner, Trevor Bench-Capon
{"title":"Correction: thirty years of Artificial Intelligence and Law: the second decade","authors":"Giovanni Sartor, Michał Araszkiewicz, Katie Atkinson, Floris Bex, Tom van Engers, Enrico Francesconi, Henry Prakken, Giovanni Sileno, Frank Schilder, Adam Wyner, Trevor Bench-Capon","doi":"10.1007/s10506-022-09333-8","DOIUrl":"10.1007/s10506-022-09333-8","url":null,"abstract":"","PeriodicalId":51336,"journal":{"name":"Artificial Intelligence and Law","volume":"30 4","pages":"559 - 559"},"PeriodicalIF":4.1,"publicationDate":"2022-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46486230","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}