® InfoJur.ccj.ufsc.br

1993

Draft of paper to appear in AI AND LAW, with J. Norman

RATIONALES AND ARGUMENT MOVES

 

 

 

I. Procedure and Rationale.

In disputation, claims are supported by arguments, which refer to

rules, cases, and evidence. Sometimes, the rationales of rules and

the rationales for decisions in cases appear in disputation as well.

Rationales appear in procedural contexts such as debate, dialectical

inquiry, and legal argument. In purely declarative contexts, wherein

logic usually is defined, the effect of rationales on inference is

more mysterious.

In many models of argument, arguments are produced by chaining rules

from a set of defeasible rules, L, and are grounded in a set of

undisputed premises, or evidence, E. Case-based reasoning

supplements the set of rules by permitting rules to be formulated

from cases. There is thus a set, C of cases, the effect of which is

to augment L, Rules(L, C) = LRulesFrom(C).

This is one framework in which to formalize legal and policy

reasoning, a framework inherited from the logicians, suitably altered

by researchers in philosophical logic and artificial intelligence.

There is considerable agreement on the way that cases augment rules,

as described in the Rissland- Ashley work [Rissland-Ashley87].

Declaratively (i.e., from a traditional logical point of view), the

interest is in the complete set of arguments that can be constructed

upon L, C, and E: Args(L, C, E). A conclusion must be warranted

with respect to the full complement of arguments: if an effective

counterargument is possible, then an argument fails to warrant its

conclusion, whether anyone ever finds that counterargument.

Alchourron and Bulygin [Alchourron-Bulygin71], Soeteman [Soeteman89],

and Simari and Loui [Simari-Loui92] are examples of declarative

accounts of legal reasoning, though the former works do not

explicitly construct arguments.

Procedurally (i.e., computationally), parties to a dialogue consume

limited resources, producing a succession of sets Argsi(L, C, E),

corresponding to the various stages i=1, 2, ..., n of the dispute.

Warrant is defined with respect to a particular set of arguments at a

particular stage, Argsi(L, C, E). The appropriate stage is

determined by a termination rule. Sometimes it is known in advance;

sometimes it is a bound that is revealed when it is reached;

sometimes an i is appropriate merely because Argsi has a quiescence,

e.g., because one party can make no useful response. The protocol

for inquiry may allow parties to introduce objects significant to the

dispute, other than arguments. For example, challenges might be

allowed in the dialogue. Rescher [Rescher77], Alexy [Alexy89], Loui

[Loui92], Vreeswijk [Vreeswijk93], and Gordon [Gordon93] are examples

of this kind of work; Skalak and Rissland [Skalak-Rissland91],

Pollock [Pollock92], Prakken [Prakken93], and can be interpreted as

this kind of work, too.

A rationale for a rule is a structure that contains relevant

information about the reason for the rule's adoption. A rationale

for a case, similarly, is relevant additional information about the

decision reached. Following Toulmin, one can refer to the rationale

as the "backing" of the "warrant," where Toulmin's warrants are

essentially the rules in L. In the language of legal philosophy,

ratio decidendi and ratio legis are rationales. Recent authors have

referred to "principle" or "purpose." The essential question is what

are the appropriate forms of rationales and how they can be brought

to bear in argument.

There are many kinds of rationales; rules are adopted on various

grounds. Defeasible rules can be adopted through game-theoretic or

inductive reasoning, on the whim of authority, or by arbitrary

convention. A defeasible rule that is a policy, which might be a

rule in a legal domain, often balances competing interests.

Sometimes the particular balance struck is part of the grounds for

the rule's adoption. Sometimes the rule strikes a balance in a

principled way, but as often it has the right politic or expedience.

Sometimes the grounds for adopting a policy are decision-theoretic.

Decisions in precedent-setting cases can be made on similar grounds.

The rationales for rules and cases considered here constitute a

subset of those that can be imagined. They might generally be

classified as compilation rationales. These rationales might be

described fully within the vocabulary of a system of argument.

Excluded, for instance, are decision-theoretic rationales, which

require the introduction of additional information representing

utilities. The present aim is to discuss how dialectical moves force

reversion to the forms from which rules were compiled, and how the

the model might thereby be made more comprehensive, how the

repertoire of formally modeled moves might be increased.

Rationales resulting from compilation are compilation rationales.

The compilation rationales to be discussed are as follows. For

rules: adopt a rule because it compresses a line of reasoning

(compression, or c-rationale); adopt a rule because it specializes a

general principle (specialization, or s-rationale); adopt a rule

because it expresses a regularity that fits a set of cases (fit, or

f- rationale). For cases: form an opinion despite competing factors

by resolving the competition (resolution, or r-rationale); form an

opinion because the set of arguments in the recorded disputation of

the case, which may be incomplete, warrants the opinion (disputation,

or d- rationale).

To attack a well-formed argument, with rationales unmentioned, there

are already a couple of alternatives. Attack some subpart of the

argument or provide a separate argument for a contrary conclusion.

If the protocol allows meta-argument, attack the sufficiency of the

argument at the present point in the dialogue. Attack the legitimacy

of the move at the point at which it occurs. That is, show that it

does not meet the player's burdens, or provide reasons for claiming

that it does not defeat the argument that it is said to defeat, or

otherwise impugn its place or station. There is yet another class of

moves: moves that make use of rationales.

Attack a rule used in the argument by citing its rationale and

claiming that the rule's scope is exceeded in this application. Or

attack a rule that derives from a case, a case-based argument, by

citing the rationale for the decision in the case and arguing that

the decision is flawed. A new argument that should have been

considered has been discovered. Or argue that the decision provides

no guidance in the current situation. An argument that can now be

made, in the current situation, would have effectively countered the

argument that led to the decision in the case. Or argue that a rule

is a particular form of a more general rule, or a modern restatement

of an older rule, a derivation from broader principle, or a version

of a separate rule; then restate the rule in its original form; then

attack the new rule, the strength of which has now been altered under

considerations of lex specialis, lex posterior, or lex superior.

The purpose of this paper is to sketch a formal account of what data

would be required to make such moves, and how those moves affect the

state of a disputation.

II. Informal Examples of Compilation Rationales.

First, consider each of the rationales in simple quasi-legal

examples.

1. compression, or c-rationale:

As a defeasible rule, "vehicles used for private transportation are

not allowed in the park." Meanwhile, defeasibly, "vehicles are

normally for private transportation." There is therefore the

two-step argument, for disallowing vehicles in the park. Adopt the

policy, with the rationale of compression, that as a rule, "no

vehicles in the park."

To attack an argument using a rule with a c-rationale, restate the

argument in an uncompressed form. The resulting uncompressed

argument will be more susceptible to attack. Uncompressed arguments

present more points to counterattack. They are also not as direct,

so they are more easily defeated in some syntactic accounts of defeat

among arguments.

Attack by arguing that emergency vehicles are not used for private

transportation. This does not affect the argument using the

compressed rule, but it devastates the uncompressed argument.

Compression tends not to be fragile because rules are typically

compressed when the argument being compressed is resistant to

counterargument. It would be folly to compress long arguments, for

instance, into one-step rules. Arguments constructed thereupon would

always be challenged because so many challenges of the uncompressed

form will be possible.

2. specialization, or s-rationale:

As a principle, "tranquil public spaces should be preserved." "Parks

are tranquil public spaces." "Disallowing vehicles in a space is a

kind of preserving tranquillity." There is currently an argument for

a particular park, defeasibly, that it is a public space, and

defeasibly, that it should be undisturbed. There is currently no

argument that such a park should have vehicles disallowed from being

in it. There may be other ways to preserve. The problem is that so

far, the contrapositive of the third rule is missing: "In order to

preserve a tranquil space, disallow vehicles." But the principle is

entreating in such a way that a policy-maker might still adopt as a

rule, "no vehicles in the park."

Usually, such a rule is adopted in the presence of counterarguments.

For instance, "barring vehicles increases commuting effort." In such

instances, the rationale for the rule is more advanced. It is a

balance of competing interests, which might actually be an

f-rationale, d- rationale, or r-rationale. The s-rationale here is

more naive. One way to preserve is to disallow vehicles; one way of

meeting the demands of an imperative is to implement in a particular

way. Disallowing vehicles implements a kind of preservation. This

kind of reasoning could be subtle. Here, a simpler approach is

taken. There are often hidden assumptions or background rules. The

missing contraposition might be implicit: "defeasibly, preservation

entails disallowing vehicles."

Attack, again, by restating the argument so that the rule in question

has its antecedent expressed more generally: "insofar as public

spaces should be preserved, no vehicles allowed in public spaces." A

counterargument based on a rule, "vehicles are allowed on public

roads in public spaces," will now suffice as a reply (assuming that

the vehicle in question can be argued to have been on a public

road). Prior to citing the rationale, such a counterargument might

be ineffective because it is less specific: it refers to public

spaces, not to parks. Formally, this will be equivalent to attacks

on c-rationales, except that there is usually a dominant rule or

principle in the argument that is compressed.

Attack, too, by identifying a different way of meeting the demands of

the guiding rule, by suggesting a different implementation. This

attack corresponds to attacking a rule adopted without full

consideration of counterarguments. It will be formally equivalent to

attacks using r- or d- rationales.

Since principles can be implemented in numerous ways, rules based on

s-rationales are fragile. They eventually will be challenged and

replaced with rules or cases with based on f-, d-, or r- rationales.

3. fit, or f-rationale:

Adopt a rule because it expresses a regularity among cases. Cases

can be actual or hypothetical, but there should be widespread

agreement over the way they are decided.

Rule-adoption based on f-rationale is related to theory-formation in

scientific reasoning. As in scientific theory-formation, coherence

and simplicity are important. Unlike scientific theory- formation,

errors of fit are not tolerable. Though errors are not tolerated,

there is a way to eliminate errors of legal fit that is not available

to scientific theorizing. Errors of legal fit can be eliminated

without altering the offending legal rule. A more specific legal

rule that deals with exceptions can simply be added to the body of

rules. This option is not possible for scientific theory.

The policy "no vehicles in the park" might allegedly fit the cases:

(case1) disallowed: a private automobile driving through the park;

(case2) disallowed: an antique automobile parked in the park;

(case3) disallowed: a golf cart driven into the park;

(case4) allowed: a pedestrian strolling in the park.

An argument using a rule with f-rationale can be attacked by first

proposing a new rule that also successfully distinguishes the

recorded cases of allowed parking from cases of disallowed parking.

Then the attack continues by (a) noting that the new rule no longer

applies to the current fact situation (or at least, that the argument

that it applies has not been given), or by (b) noting that the

reformulated rule applies but is not as specific as originally

suggested. In the latter situation, the argument is susceptible to

attack by counterarguments that would have been considered less

specific on the earlier formulation of the rule. Once again, the

defeat relations among arguments can be altered by citing rationale.

Reformulating rules corresponds to arguing over which theory has the

best fit. We are unwilling at the moment to postulate the conditions

under which a "policy theory" fits better than a competing policy

theory. Philosophy of science, similarly, still cannot articulate

conditions precisely for one scientific theory fitting better than

another. Thus, competing formulations of policies to fit cases

merely interfere with each other; neither can defeat the other until

coherence and simplicity and other criteria of fit have been

addressed.

An argument using a rule with an f-rationale may also be attacked by

adding or deleting cases. For example, to attack the rationale of

this rule, add a case, such as

(case5) allowed: a vehicle delivering a tree to be planted in the

park;

or delete a case e.g., claim that (case3) is incorrectly decided. Or

propose a different regularity consistent with the cases: "vehicles,

excluding those performing essential park or public functions, are

not allowed in the park".

Since it is easy to theorize about cases with sets of defeasible

rules that allegedly express regularity, rules with f-rationale will

be robust only if the question of fit is addressed in detail.

4. resolution, or r-rationale:

Suppose the case of the hurried government official who detours his

automobile through the park raised two arguments that interfered with

each other without either defeating the other. "No vehicles in the

park." "Public officials on official business have use of public

spaces." The decision to disallow such detours sets a precedent upon

which a variety of future arguments can be constructed. The

rationale of the decision, of the precedent, is that it resolves the

competing factors: preservation of public space, versus availability

of public resources for government business.

To attack an argument relying on this precedent, cite the rationale.

Then claim that the current case introduces additional interests

which, when weighed, could alter the balance against the prior

decision. For instance, suppose a subsequent case also introduces

the element of time. In the current case, the official drove through

the park when the park was closed. In the prior case, the time of

day was Saturday noon. Now arguments based on time of day,

government business, and preservation of public spaces must be

weighed.

Without citing the rationale and attacking the grounds for the

precedent, an argument for allowing the new detour based on time of

day could still be made. The argument based on time and the argument

based on vehicles in the park are of incomparable specificity.

Hence, their disagreement might force a resolution in this case.

Discount the old precedent and the new resolution must start anew,

weighing time of day and government business against the ban on

vehicles in the park. Leave the rationale of prior decision

unmentioned, and the current case will compare time of day against an

established precedent based both on government business and the ban

on vehicles in the park. The difference is subtle.

Because new cases almost invariably introduce significant new factors

unweighed in the earlier decision, precedents with r-rationales tend

to be fragile. But as noted, the stakes are not high when an

r-rationale case is discounted by this kind of attack.

R-rationales are special kinds of d-rationales. So there are other

attacks on r-rationales that are described as attacks on

d-rationales.

5. disputation, or d-rationale:

Disputation that informs decision in a case can be easier than the

weighing of indeterminate factors. A decision might simply be

mandated by superior argument, where the adjudicator played no major

role. Appeal to such a case in future argument is susceptible to

review of the recorded disputation of the case. The arguments that

were persuasive in the prior case may not be persuasive in the

present case and its new context.

When the record of the disputation that led to decision can be

recalled, the decision has a d- rationale. The use of such a

precedent depends on whether the result of disputation cannot be

significantly corrupted when the same arguments are applied again.

Sometimes there are new arguments that can be made that would change

the decision or the clarity of the decision. A different attack on a

rule with d-rationale occurs when past disputation was incomplete.

Not all arguments that could have been advanced were advanced in the

prior disputation.

Suppose that in the case of an ambulance parked in the park while its

crew was off-duty, the parking was decided to be disallowed. One

side argued that the ambulance was permitted to park because it was

an emergency vehicle. The adjudicator held, on the other hand, that

despite being an emergency vehicle, parking was disallowed for

emergency vehicles that were not prepared to respond to an

emergency. Suppose the arguments were of such a form that the case

could be decided on syntactic grounds. Consider a subsequent case of

an off-duty ambulance that remained prepared to respond. The

persuasiveness of the precedent depends on whether the decision's

rationale, a d-rationale, is exposed. According to precedent,

"off-duty ambulances are not allowed in the park." The opposition

successfully defeats this argument by recalling that an ability to

respond to emergency was crucial to the past decision. Imagine that

the ambulance's ability to respond can be established in the present

case. The precedent is no longer persuasive.

III. Formal Requirements.

The behaviors of the various rationales are sufficiently different

that some complexity is required in order properly to model them.

The c- and s-rationales for rules, and the d-rationale, for cases,

are appropriately modeled by substituting less compact arguments (or

suites of arguments) for the original argument. Disputation can then

continue after the unpacking.

The f-rationale and r-rationale require an entirely different

mechanism. When arguments using rules or cases with these rationales

are attacked, the dispute is about the outcomes of other disputes. A

mechanism for meta-argument is required, and the simplest adequate

devices are used here.

We present first the formalism for rationales that can be treated

wholly at the object level, then augment the formalism to handle the

meta-level disputes. For a formal system to treat all five kinds of

compilation rationales, it would have to integrate the mechanisms for

unpacking and meta- argument. In the interest of clarity, this is

not done here.

III.1. Object-Level Disputation.

Formally, the record of a disputation includes a sequence of moves,

Mn = <m0, m1, ..., mn>. Each move may consist of several things: a

claim, an argument for the claim, perhaps an argument for the

sufficiency of the pair at this point in the disputation.

A simple protocol for dispute is a two-player immediate-response

dialectic (several alternate protocols are described in [Loui92]):

i. there are two advocates, who are players, and an adjudicator who

has no moves;

ii. moves alternate between players;

iii. each move must alter current opinion, which is determinable

syntactically, and which is either pro, con, or none;

iv. all arguments must be well-formed: i.e., members of Args(L, C,

E);

v. arguments do not occur repeatedly in the record: i.e., once an

argument is introduced, it need not and cannot be introduced again.

The internal structure of the argument, ai, in each move, mi, has

been the topic of most recent research on argument (e.g.,

[Sartor93b], [Prakken93], [Simari-Loui92], [Loui-Norman93a]). An

argument is a structure, <{l1, l2,, ...}, h>, where each lj is in

Rules(L, C), and h is the main claim of the argument. Other authors

discuss minimality and connectedness properties at length: that is,

how the lj's and h relate to one another.

The sufficiency of the move depends crucially on the defeat relations

among arguments introduced in Mn.

As an example, the following dispute proceeds according to a

reasonable dialectical protocol:

1. pro: {e1 >-- h }, h; opinion: pro

2. con: {e2 >-- b; b >-- not-h }, not-h; opinion: none

3. pro: { e1 & e2 >-- not-b}, not-b; opinion: pro

establishing h.

III.1.1. Preliminaries.

In procedural models, citing a rationale is a prelude to an attack.

It is a necessary part of what makes the subsequent argument relevant

and sufficient. It alters the context so that the subsequent

argument is a legitimate move by the player. A rationale, cited,

permits ai+1 to respond to ai. Without citing the rationale, ai+1 is

not a legitimate successor of ai.

In declarative models, there are at least two ways to regard

rationales. Citing rationales may alter L or C, restating the

formulation of rules and cases to which a player is willing to

agree. In this way, the appropriate basis for warrant is Args(L',

C', E) instead of Args(L, C, E). The second way is to suppose that

the rationale, cited, changes the relations of defeat among the

arguments, defeat, the binary relation on Args(L, C, E) that is

defined by the underlying system of argument. Contemporary systems

regard argument a1 as defeating argument a2 on syntactic criteria, or

according to an externally supplied ordering, extord(Args(L, C, E)).

The latter might arise from orderings on its constituents:

extord(L), extord(C), extord(E). With rationales, the cited

rationales, R, becomes a new index in the determination of defeat.

What was the mapping:

extord(L), extord(C), extord(E) --> extord(Args(L, C, E)) -->

defeat;

becomes the mapping:

extord(L), extord(C), extord(E), R --> extord(Args(L, C, E))

--> defeat.

If R is static, then R is only important to those who study these

mappings. This is why rationales do not have much importance in

declarative settings. Taking R to be dynamic, as a sequence Ri, one

may as well return to a procedural model. We will just assume a

procedural model of argument.

Let R(l) and R(c) respectively be all citable rationales for a

defeasible rule, l in L, and a precedent- setting case, c in C. The

form of a rationale depends on the kind of rationale, as elaborated

below. Practically, the most difficult part of arguing with

rationales will be discovering and formulating the set R(l), for a

rule l, or R(c), for a case, c. Even when an authoritative decision

is explained, and even when legislative deliberation is well

preserved, formal expression of rationales as R is problematic. The

assumption here is the usual assumption among formalists: just as

evidence, E, wording of rules, L, and documentation of cases, C, can

be expressed in formal language, so too can rationales, R. To

address the problem more fully would be more ambitious than what is

usually attempted by formalists.

The intention is that R(l) will be a singleton set for most rules

(likewise for R(c)). There could be multiple citable rationales, and

the difference could matter to the course of a particular dispute.

There could also be no citable rationale.

If R(c) or R(l) is not a singleton for the relevant case or rule,

then the parties can dispute the appropriate rationale. Since we

suppose no information that would allow adjudication of such a

dispute, the simplest reasonable rule will be adopted. If a

rationale is raised for a rule or case in an argument, and there is a

multiplicity of possible rationales, then it suffices that the player

who makes use of the original argument can make progress under one of

the many rationales. For example, suppose pro has the burden to

establish h. Pro produces an argument A for h, using rule l. If l

has multiple rationales in R(l), let them be named rat1(l), rat2(l),

etc.; if they are of different types, name them c-rat1(l), d-rat2(l),

etc. In the suggested protocol it suffices for pro if h can be

established after unpacking pro's choice of the permitted

rationales.

Call the aforementioned the User's Prerogative Assumption. Since the

procedural rules that implement this assumption merely complicate the

presentation in an uninteresting way, we shall assume that all R(c)

and R(l) are always singletons for a rule l or case c; this is the

simplest way of making the assumption of user's prerogative.

III.1.2. Structures.

For rules of the form "p is defeasible reason for q", rationales take

the following forms.

A c-rationale is typically an argument, with premises p and

conclusion q. There may be a background, B, against which this

argument was made. The intention in adopting the rule is that

usually B will be present in contexts in which the rule is applied.

A c-rationale may thus be an argument from p and B to q. Such an

argument is as above, a 2-tuple: c-rat(l) = <T, h>, of rules T and

conclusion h. Roughly speaking, this argument would be in the set of

well-formed arguments Args(T, {}, {p}B).

An s-rationale is formally identical to a c-rationale except that the

argument takes a particular form. In a c-rationale, several rules

are used in the argument, which is compressed. T is not a singleton

set. An s-rationale uses a single guiding rule. It uses

supplementary rules in L and/or B.

A d-rationale of a case c is a set of arguments, d-rat(c), that has a

certain structure. These arguments are typically not from Args(L, C,

E) but are from a different set, Args(L', C', E'). The applicability

of the case to the current situation depends crucially on whether the

arguments in d- rat(c) are in both of these sets, not just in

Args(L', C', E'). For a d-rationale, d-rat(c) is a set of arguments

that warrants the decision of the case.

 

III.1.3. Attacks

Let ArgRecn be the recognized arguments at a stage n in the sequence

of moves. In a simple disputation where moves do not refer to

rationales and all arguments are well-formed members of Args(L, C,

E), ArgRecn is simply the union of all arguments introduced in all

moves, m1, ..., mn. In disputations where well-formedness of an

argument can be called into question (which includes disputations

that allow rationale-based attacks on arguments), ArgRecn expands and

contracts as the disputation proceeds.

ArgRecn includes both defeated and undefeated arguments. It is not

the "arguments in force" concept that Vreeswijk defines

[Vreeswijk93], which is useful in analyzing warranted conclusions.

It is preliminary to determining which arguments are in force. An

argument that was introduced in the dialogue but has subsequently

been excluded from ArgRec cannot even be considered for its

properties of defeat relative to the other arguments.

ArgRec is defined inductively: an argument in m0 is in ArgRec0. If

mi does not contain a statement of rationale, then for an argument ai

in mi, ArgReci contains ArgRec(i-1)ai. If mi contains a statement of

a rationale, then this is either a rationale-based attack on prior

argument, or else a reinstatement of an argument that has suffered a

rationale-based attack.

A statement of a rationale in a move requires the naming of the

argument that is attacked or defended. It also requires the naming

of the rule or case, the rationale of which is at issue. Let @i

indicate that i is a move that uses a rationale. For such a move,

let ai be the argument concerned, and let li or ci be the rule or

case, as appropriate, in question. Let ri be the rationale, whether

it is a c-, s-, or d-rationale. Let playeri be the player who moved

in move i.

Trivial well-formedness requires that the attacked argument has

occurred, that the rule occurs in the argument, and that the

rationale is recognized:

ai must be in ArgReck for some k < i (k need not be i-1 since the

defense against rationale-based attacks must be possible);

li or ci must be a part of ai;

ri must be in R(li), or R(ci).

ri and ai may have occurred together in a previous move, j < i, where

both @i and @j. This seems to permit repetition of moves, but mi

still might not be the same as mj. Repetition will be prevented by a

requirement that moves be effective.

The same rule or case can repeatedly be the target of rationale-based

attacks if it occurs in distinct arguments. This is simpler than

calling all arguments based on a rule or case into question at once.

Call this the One-At-A-Time Protocol. Also note that both players

might be relying on the same argument, ai. Let the first player who

attacks a rule, l, in an argument, a, be attacker(l, a); the opposing

player is user(l, a); likewise for attacking rules extracted from

cases.

Consider that @i and that i is a first attack. To be a first attack,

ai and whichever of li or ci is relevant, do not already occur for

some j < i. Note attacker(li, ai) = playeri.

Apparently, the immediate effect of the attack is to remove ai from

ArgReci. That is, apparently, ArgReci = ArgRec(i-1) -- {ai}. But

the move might modify the form of the argument removing ai and

substituting a revised argument in its stead. So apparently, ArgReci

= ArgRec(i-1) -- {ai}{argrev}, where argrev is a modified form of

ai.

For a c-rationale or s-rationale, which is an argument <T, h>, argrev

is just the argument that uses <T, h> as a subargument instead of the

rule, li, that is attacked. So if <T0, h0> = ai, then argrev is the

argument in which a subargument has been substituted for the

compressed rule: <T0T -- {li}, h0>. This substitution will be

denoted: subst(<T0, h0>, li, T) if indeed it is an argument

(satisfies minimality and consistency conditions). Otherwise, the

statement of the rationale destroys ai and there is no revised

argument added in its place.

This completes the inductive definition of ArgReci.

Finally, having defined ArgReci in terms of mi and ArgRec(i-1), we

require the move mi to be effective: it must alter current opinion so

that playeri's position is improved. When argrev is part of mi, mi

must sometimes contain a response to the revised argument as well.

For a d-rationale, ri is a set of arguments. mi must contain a new

argument, attacki, which attacks argrev and changes the current

opinion, deci. In a d-rationale, the decision of the case, dec(ci),

is warranted among the arguments recorded for the case, ri. That is,

enough arguments were recorded to support the decision outright. So

attacki must be such that ri{attacki}, taken as a set of arguments,

would not have warranted the old decision outright, dec(ci).

Responses to these simple kinds of rationale-based attacks are just

moves that augment ArgRec.

For example, for a d-rationale, all of the arguments recorded of the

past case have been entered into ArgRec. Among them was an argument,

argw, that warranted the decision of the case. Also included is the

opponent's argrev, which has somehow changed the status of argw. To

respond substantively, simply give an argument that restores argw's

ability to support its conclusion again. Or simply retreat from the

attacked precedent-based argument and provide a new, unrelated

argument to support the old decision.

III.1.4. Simple Symbolic Examples.

Example. A dialogue without a rationale.

1. pro: arg1 = <{ b >-- a }, b! a>

ArgRec1 = { arg1 }; dec1 = pro.

2. con: arg2 = <{ c >-- d, d & b >-- not-a}, c! b! not-a>

ArgRec2 = { arg1, arg2 }; dec2 = none.

3. pro: arg3 = <{ c & e >-- not-d }, c! e! not-d>

ArgRec3 = { arg1, arg2, arg3 }; dec3 = pro.

Here, arguments are 2-tuples (a set of rules paired with a

conclusion). We have embellished the second argument. Instead of

just giving the conclusion of the argument, we give the evidence on

which the argument rests (marked with an exclamation point) and write

"" to separate the conclusion. Rules are given in their sentential

form, a >-- b instead of using the pair <a, b>, and quotes are

suppressed. Note that we use "=" to give a name to a structure.

This is not to be confused with an assertion.

At move 4, it is con's turn to move and opinion favors pro: arg3

defeats arg2, thus reinstating arg1. If con cannot move at this

point, pro wins.

Example. A c-rationale.

1. pro: arg1 = <{ b >-- a }, b! a>

ArgRec1 = { arg1 }; dec1 = pro.

2. con:

2.1. c-rat1( b >-- a ) = <{ b >-- c, c >-- a}, b! a>

2.2. Attack < b >-- a, arg1 >

2.3. arg2 = <{ b & d >-- not-c }, b! d! not-c>

Con states a rationale for a rule, which presumably is the legitimate

member of R( b >-- a ). Con must state the argument being attacked.

The effect is to replace the compressed argument with the

uncompressed, but this is still not a sufficient response for con.

So con provides arg2, an attack on the uncompressed argument, the

raison d'etre for stating the rule's rationale. @2. Note pro =

user(b>--a, arg1). con = attacker(b>--a, arg1).

ArgRec2 = { arg1rev, arg2 }; dec2 = none.

where

arg1rev = subst( arg1, b >-- a , c-rat1( b >-- a ) )

3. pro: arg3 = <{ b & d & e >-- c, c >-- a }, b! d! e! a>

Pro provides a new argument for a, arg3, that is undefeated in

ArgRec3. The new argument for c is specific enough to defeat arg2,

which would reinstate arg1, but arg1 has been flushed from the ArgRec

in favor of arg1rev.

ArgRec3 = ArgRec2{ arg3 }; dec3 = pro.

Example. An s-rationale.

1. pro: arg1 = <{ b >-- a }, b! a>

ArgRec1 = { arg1 }; dec1 = pro.

2. con:

2.1. s-rat1( b >-- a ) = <{ d >-- e}, b! (d v not-b)! (a v

not-e)! a>

2.2. Attack < b >-- a, arg1 >

2.3. arg2 = <{ d & f >-- not-e }, d! f! not-c>

ArgRec2 = { arg1rev, arg2 }; dec2 = none.

where

arg1rev = subst( arg1, b >-- a , s-rat1( b >-- a ) )

Here, arg2 defeats arg1rev because it is more specific. But arg2

does not defeat arg1 on specificity.

3. pro: arg3 = < { d & f & g >-- e }, b! (d v not-b)! f! g! (a v

not-e)! a >

ArgRec3 = ArgRec2{ arg3 }; dec3 = pro.

Notice how similar this example is to the example of a c-rationale

and recovery from a c-rationale- based attack.

Example. A d-rationale.

1. pro: arg1 = <{ b & c ]-- a }, b! c! a>

ArgRec1 = { arg1 }; dec1 = pro.

Here, ]-- is used instead of >-- to indicate that this rule is

extracted from a case.

2. con:

2.1. d-rat1( b & c ]-- a ) = { da1, da2, da3 }

where

da1 = <{ b >-- a }, b! a>,

da2 = <{ c >-- d, d >-- not-a }, c! not-a>

da3 = <{ b >-- f, f & c >-- not-d }, b! c! not-d>

In d-rat1( b & c ]-- a ), the argument for not-d (da3) defeats the

argument for not-a (da2), thus reinstating the argument for a (da1).

Con attacks, now, by showing that the argument for not-d is defeated

in the present context, where more evidence is available.

2.2. Attack < b & c ]-- a, arg1 >

2.3. arg2 = <{ b & g >-- not-f }, b! g! not-f>

ArgRec2 = { da1, da2, da3, arg2 }; dec2 = none.

3. pro: arg3 = <{ g & c >-- not-d }, g! c! not-d>

ArgRec3 = ArgRec2{ arg3 }; dec3 = pro.

This move suffices for pro because arg3 now defeats da2, thus

reinstating da1. Current opinion is for pro, to decide a, because

da1 is now in the ArgRec. Pro is lucky; the same new condition, g,

that allows a distinction from the precedent also allows a new

argument that replaces essentially what was lost.

III.2. Meta-Level Disputation.

For both the r-rationale and the f-rationale, disputation about

disputation is required. This requires meta-claims, i.e., claims

about claims, and meta-arguments about meta-claims. There are

serious semantic difficulties for the formalist who takes defeasible

reasoning to the meta-level.

Technically, the semantic ascent to the meta-language is usually

preferable to the demotion of the reason relation ">--" from a

2-place relation in the metalanguage to an iterated 2-connective in

the language. As Quine asks, "How do you hope to establish semantic

connections between object level and meta-level?" [Quine90] A

declarative approach to meta-disputation would indeed require serious

study. A procedural approach would be one way to side-step the

difficulty. Earlier writers who have reached this point, notably

Toulmin and Rescher, have ignored this technical problem. Pollock,

meanwhile, can be viewed as a first step in the procedural approach.

Here, we assume that a system of declarative argument and

meta-argument exists. The system determines a few things: whether

meta-arguments are undefeated and supporting, hence, whether their

meta-claims warranted; whether the arguments that make use of the

meta-claims are undefeated and supporting, hence, whether their

object-level claims are warranted. This assumption is made for two

reasons: (a) to define the envisioned procedural system would be a

separate study not crucial to the picture of rationales that is drawn

here; and (b) the use of meta- argument here provides requirements

for those who would attempt to define such a system.

III.2.1. Preliminaries.

For an r-rationale, the crucial assertion is an assertion about the

relation among arguments, a meta- assertion. Arguments that were

maximal, that is, undefeated, in the cited case should continue to be

maximal in the current case in order for the past decision to have

the proper influence.

For an f-rationale, two kinds of meta-assertion are crucial. They

are that a case should have a certain decision, and that a rule fits

a set of cases.

There are a few kinds of attacks on rules with f-rationales that we

can model and a few that we cannot model. Even for the few that we

do model, we must introduce negated assertions of a sentence being a

reason for another sentence, e.g. not(b >-- a).

An r-rationale is similar to a d-rationale. It is at least a set of

recorded arguments from the prior dispute. For an r-rationale of a

case c, r-rat(c) is a set of undefeated arguments that interfere with

each other. It is this interfering set of arguments that the

decision of the case resolves. r-rat(c) also contains the implicit

argument that when those arguments are maximal, interfering, and

unresolved, a certain decision is appropriate. An assumption here

is that the maximality of a set of arguments is assertable without

dispute (or what is nearly the same, that maximality can be

determined easily). If the defeat relations among arguments are

clear, then this assumption is reasonable.

An argument so far has been a set of defeasible rules from L, and a

conclusion derivable from those rules using the accepted

(incontrovertible) evidential claims. Henceforth, the set of rules

can contain rules from L and meta-rules. These meta-rules relate a

specific kind of meta-claim, that a certain set of arguments is

maximal or not, to a different kind of meta-claim, a defeasible

rule. For example, instead of allowing just

a >-- b

we allow as well

maximal(S) >-- (a >-- b).

The first occurrence of ">--" above is a relation in the

meta-meta-language, and the second occurrence of ">--" is the

relation in the meta-language used throughout the preceding

sections. Derivations are now allowed to make use of an argument's

rules and meta-rules (arguments may use both kinds of ">--"). The

mathematical demands on the theory of argument imposed here are

serious and not to be ignored. Fortunately, implementations have

shown that progress can be made with systems defined in this way,

e.g., [Sartor93b], despite the mathematical and philosophical

conundrums.

Maximal(S) asserts of a set of arguments, S = {A1, A2, ..., An} that

each of those arguments contained in S can be made in the current

setting and is undefeated. If S is such that maximal(S), then S must

be contained in Argsi(L, C, E). The predicate, maximal, is thus

dependent on all of the indexes: i, L, C, and E. Since i is the

most important index here, write maximali(S) when it is important to

distinguish the stage at which maximality is claimed.

This is not the final formulation for r-rationales. As HYPO makes

clear, a precedent can be used in the presence of additional

arguments pro. If a case decides that argument A1 for h outweighs

argument A2 for not-h, then if A1, A2, and an additional argument for

h, A3, can be made in a new setting, the decision of the prior case

is still relevant. The precedent can also be used in a context where

there are fewer arguments con than those that figured in the past

resolution. Hence, it need not be required that exactly those

maximal arguments in the past case be maximal in the present case.

Instead, of the predicate maximali(S), suppose there are two

predicates: minpro-maximali(S1) and maxcon-maximali(S2). The

arguments in each of the sets S1 and S2 were weighed in the prior

decision, and arguments in S1 taken together were more persuasive

than those in S2. If at stage i, at least the arguments in S1 are

maximal, and if no more than the arguments in S2 for con are maximal,

then there is defeasible reason for using the case (or more

precisely, the rule extracted from the case). If the maximality of

the arguments in S1 cannot be maintained at stage i, then the

precedent cannot be used. If there are additional arguments con,

which were not weighed previously, then the case is again

inapplicable.

A formal account of determining when an argument should be considered

additional pro or additional con is owed. As in HYPO, this

determination is trivial if the decision of the case is h and all

arguments in S1 and S2 are for h and not-h, respectively.

Determining whether an argument is pro or con can be inductively

defined in an obvious way, and will not be done here. There will be

arguments that support both pro and con arguments, and these most

naturally contribute to minpro-maximali and be excluded from

maxcon-maximali.

An f-rationale is a set of cases, not all of which might be from C.

Let HCC be the actual cases augmented by hypothetical cases. HC are

cases that did not actually occur, but are cases upon which there is

agreement of the hypothetical decisions given the hypothetical

facts. Assume that the assertion that a case and its decision are

agreeable to all parties is incontrovertible. Write ok(case1) if

case1 is so agreeable. Once again, we do not seek to model every

kind of dispute. Here, we choose not to model disputes over whether

a case should have a certain outcome. Some of these disputes could

be modeled easily, some would require a complicated recursion, and

some are not obviously subject to reason at all.

Instead of introducing a language in which cases are described,

suppose simply that there is a relation fit-s(l, c), which holds when

a defeasible rule fits a case c. For example, the rule l1 = "if f1

and f2, then h" fits those cases wherein f1, f2, and h hold. It also

fits those cases wherein h does not hold, but at least one of f1 or

f2 also does not hold. The rule does not fit a case wherein f1, f2,

and not-h are all true. This is fit simpliciter. A more robust

concept of a defeasible rule's fit to a case takes account of

context.

In the context of a set of other defeasible rules, LCont, l might fit

a case c even if it does not fit simpliciter. This is because LCont

may provide through more specific rules an explanation of why c does

not conform to l, why it is not the case that fit-s(l, c). So a rule

may fit, robustus, fit-r(l, c, LCont) when fit-s(l, c) or when there

is a more specific rule , l', in LCont which does fit c. The whole

apparatus of arguments which permits chaining of rules could be

applied here to explain why l does not fit c, simpliciter, but is

allowed not to fit by a superior chain of rules in LCont. Under the

criteria of syntactic superiority advanced in [Simari-Loui92],

[Prakken93], and [Loui- Norman93a], no chain of rules in LCont will

be superior to l unless a single rule in LCont is superior to l. But

under other systems, a recursion of disputation is possible here, and

woe be to the formalizer who seeks to model this recursion.

Arguments of fit based on a larger number of cases are considered

better arguments. Likewise, arguments of fit based on a larger

context are better arguments. Fit is assumed incontrovertible.

III.2.2. Structures.

Formally, an r-rationale is a set of arguments that occurred in the

case, a true assertion that all of those arguments are maximal with

respect to one another (none is defeated), and a meta-reason that

connects the maximality of certain arguments to the rule putatively

extracted from the case. The arguments are partitioned into minpro

and maxcon, as discussed above. Technically all that are required are

the two sets of arguments, S1 and S2, that occurred in the resolution

of the case. The rest can be recovered from context. Making the

other parts explicit adds clarity. r-rat(c) = <

1. S = S1S2,

2. minpro-maximal(S1), maxcon-maximal(S2),

3. minpro-maximal(S1) & maxcon-maximal(S2) >-- l

>.

The claim of maximality must be true, and the arguments in S must be

properly relevant to c. To define proper relevance, consider the

rule extracted from the case to be: l = l1 >-- l2. There must be an

argument in S for l2. We do not insist that all arguments in S be

possible with just l1 as evidence. Nor must there be some argument

in S that requires all of l1 to be made. Much more weakly, l1 must

be relevant to S; it should contain no superfluous literals.

An f-rationale is a set of cases together with a claim that the rule

fits (robustus) that set of cases with respect to a context. <HCC,

LCont> is the f-rationale for a rule l, if and only if for every c in

HCC, fit-r(l, c, LCont). LCont must be a subset of L.

III.2.3. Attacks.

To attack an argument using a rule with r-rationale, cite the

rationale and name the argument and rule attacked. Then substitute a

revised argument into ArgReci that makes explicit the connection

between the maximal arguments resolved by the case and the rule

extracted therefrom. The modified argument is just like the earlier

argument except that a meta-rule has been put in place of the

object-level rule. The meta-rule makes explicit the origin of the

object-level rule. This allows subsequent attack of the statement

that S is maximal.

To attack the statement minpro-maximal(S), provide a new argument or

set of arguments, S', that are arguments that can be made in the

current case. Then claim not(minpro-maximal(S)) as a result of the

presumed system of determining defeat among arguments. If S'

contains an argument that defeats an argument in S, for example, then

not every member of S will be maximal (some member will now be

defeated). Similarly, to attack maxcon-maximal(S), provide a new

argument or set of arguments, S' that can be made in the current

case. Then claim not(maxcon-maximal(S)) because S' contains a new

maximal argument con.

To attack an argument using an f-rationale, state the f-rationale,

then alter either the cases or the context with respect to which fit

is claimed. We have assumed that claims of fit are incontrovertible,

since we are providing no theory of how this is determined. Adding a

case that the rule does not fit is the usual attack.

III.2.4. Simple Symbolic Examples.

Example. An r-rationale with maxcon-maximal attacked.

1. pro: arg1 = <{ b & c ]-- a }, b! c! a>

ArgRec1 = { arg1 }; dec1 = pro.

2. con:

2.1. r-rat1( b & c ]-- a ) =

< {da1, da2}, minpro-max({da1}) & maxcon-max({da2}) ,

minpro-max({da1}) & maxcon-max({da2}) >-- ( b & c ]- a ) >

where da1 = <{ b >-- a }, b! a>, da2 = <{ c >-- d, d >-- not-a },

c! not-a>

2.2. Attack < b & c ]-- a, arg1 >

2.3. arg1rev = <

{ minpro-max({da1}) & maxcon-max({da2}) >-- ( b & c ]- a ) },

b! c! minpro-max({da1}) & maxcon-max({da2})! a >

2.4. arg2 = <{ e >-- f, c & f >-- not-d }, e! c! f! not-d }>

2.5. not(maxcon-max({da2}))

ArgRec2 = { arg1rev, da1, da2, arg2 }; dec2 = none.

Note that among da1 and da2, neither is defeating. The opinion in

this case is significant because it creates a preference that cannot

be found in extord(Args(L, {}, E)) or in defeat, that is, among the

syntactically determinable or externally supplied orderings among

arguments. The adjudicator chose between competing arguments that

could not be decided purely on form. Con revises pro's argument arg1

by producing arg1rev which exposes the meta-reasoning. Then arg2 is

produced, which is an additional argument con, and is maximal. So

2.5 is assertable, not(maxcon- max({da2})), which is one of the

requirements for using the precedent.

Example. An r-rationale with minpro-maximal attacked.

1. pro: arg1 = <{ b & c ]-- a }, b! c! a>

ArgRec1 = { arg1 }; dec1 = pro.

2. con:

2.1. r-rat1( b & c ]-- a ) =

< {da1, da2}, minpro-max({da1}) & maxcon-max({da2}) ,

minpro-max({da1}) & maxcon-max({da2}) >-- ( b & c ]- a ) >

where da1 = <{ b >-- g, g >-- a }, b! a>, da2 = <{ c >-- d, d >--

not-a }, c! not-a>

2.2. Attack < b & c ]-- a, arg1 >

2.3. arg1rev = <

{ minpro-max({da1}) & maxcon-max({da2}) >-- ( b & c ]- a ) },

b! c! minpro-max({da1}) & maxcon-max({da2})! a >

2.4. arg2 = <{ b & e >-- not-g }, b! e! not-g }>

2.5. not(minpro-max({da1}))

ArgRec2 = { arg1rev, da1, da2, arg2 }; dec2 = none.

Again, among da1 and da2, neither is defeating, so the opinion in

this case is significant. Again, the adjudicator chose between

competing arguments that could not be decided purely on form. Con

revises pro's argument arg1 by producing arg1rev which exposes the

meta-reasoning as before. This time, arg2 is produced, which defeats

an essential part of the case, one of the minpro-maximal arguments

(in fact, the only minpro-maximal argument), da1. So 2.5 is

assertable, not(minpro- max({da1})), which again is a requirements

for using the precedent.

Example. An f-rationale attacked for fit and redeemed in larger

context.

1. pro: arg1 = <{ b >-- a }, b! a>

ArgRec1 = { arg1 }; dec1 = pro.

2. con:

2.1. f-rat2( b >-- a ) = { Cases1, fit-r( b >-- a , Cases1, Context1

) } where Cases1 = { case1, case2 } case1 = < { b, d }, a > case2 = <

{ not-b }, not-a > Context1 = {}

2.2. Attack < b >-- a, arg1 >

2.3. arg1rev = <

{ ok(Cases1) & fit-r( b >-- a , Cases1, Context1 ) >-- (b

>-- a) }, ok(Cases1)! fit-r( b >-- a , Cases1, Context1 )!

b! a >

2.4. arg2 = <

{ ok(Cases2) & not-fit-r( b >-- a , Cases2, Context1 ) >--

not(b >-- a) }, ok(Cases2)! fit-r( b >-- a , Cases2, Context1

)! not(b >-- a) > where Cases2 = { case1, case2, case3 }

case3 = < b, c, not-a >

ArgRec2 = { arg1rev, arg2 }; dec2 = none.

Con has added a case, case3, which the rule, b >-- a, does not fit in

Context1. Pro responds by exhibiting a larger context which accounts

for the alleged deviation.

3. pro: arg3 = <

{ ok(Cases2) & fit-r( b >-- a , Cases1, Context2 ) >-- (b

>-- a) },

ok(Cases2)! fit-r( b >-- a , Cases2, Context2 )! b! a >

where Context2 = { b & c >-- not-a }

ArgRec3 = { arg1rev, arg2, arg3 }; dec3 = pro.

Example. Deepening an r-rationale-based attack.

1. pro: arg1 = <{ b & c ]-- a }, b! c! a>

ArgRec1 = { arg1 }; dec1 = pro.

2. con:

2.1. r-rat1( b & c ]-- a ) =

< {da1, da2}, minpro-max({da1}) & maxcon-max({da2}) ,

minpro-max({da1}) & maxcon-max({da2}) >-- ( b & c ]- a ) >

where da1 = <{ b >-- g, g >-- a }, b! a>, da2 = <{ c >-- d, d >--

not-a }, c! not-a>

2.2. Attack < b & c ]-- a, arg1 >

2.3. arg1rev = <

{ minpro-max({da1}) & maxcon-max({da2}) >-- ( b & c ]- a ) },

b! c! minpro-max({da1}) & maxcon-max({da2})! a >

2.4. arg2 = <{ b & e >-- not-g }, b! e! not-g }>

2.5. not(minpro-max({da1}))

ArgRec2 = { arg1rev, da1, da2, arg2 }; dec2 = none.

This is as before: arg2 is produced, which defeats an argument that

must be minpro-maximal. Now pro responds by attacking arg2 and

ejecting it from ArgRec3.

3. pro:

3.1. arg3 = <{ b & e & f >-- g }, b! e! f! g>

3.2. minpro-max({da1})

ArgRec3 = { arg1rev, da1, da2, arg2, arg3 }; dec3 = pro.

Note that the argument pro in the prior case, da1, can be

strengthened in the current situation: instead of supporting g with

merely b, support g with all of b & e & f. This alone does not

suffice to establish a, however. Pro needs to cite the case in which

b, a prima facie reason for a, was decided to be more important than

c, a prima facie reason for not-a. Among the object-level arguments

in ArgRec3, { da1, da2, arg2, and arg3 }, a is not warranted. The

important point is that da1 was judged more important than da2 in the

past, and arg3 prevents arg2 from disrupting the past's bearing on

the present.

IV. Related Work and Conclusions.

A ratio decidendum is an essential part of a case. To cite a case

without attention to the ratio is to make analogies on surface

similarities. Casually determined similarities may not actually be

relevant to the past decision or its subsequent use. Similar remarks

could be made about the application of rules without regard to the

principles on which the rules are based: without regard for ratio

legis.

There may be some latitude in the use of cases. In some protocols,

whoever cites a case must produce the rationale. In other protocols,

it is the responsibility of the opposition to raise any problem

regarding rationale. Here, the assumption is that ratio decidendi

need not always be given when a case is cited as part of an

argument. The assumption is that the use of the case is

appropriate. The benefits of such an assumption are like the

benefits of any protocol that permits simpler argument moves. Unless

the use of the case or the use of the rule is disputed, the

assumption is that the use is appropriate. The same is true for

rules. What is important is a mechanism in the protocol for

permitting an objection to the use of a rule or case, when a party to

the dispute elects to do so.

Rationales, especially r-rationales and d-rationales, illuminate why

Ashley can make distinctions among cases [Ashley89]. In our work,

rules are extracted from cases. In any rule derived in this way, the

sharing of important properties with the precedent is reason for

sharing the decision of the precedent. Counterarguments are possible

only by finding reasons for the opposite decision. Ashley and our

improved analysis of r-rationales permit more sophisticated

counterarguing. The opposition can simply cite properties that the

present case does not share with the precedent. This kind of

distinction becomes possible when the r-rationale or d-rationale of

the case is available for examination.

Berman and Hafner recently discussed the teleology of rules

[Berman-Hafner93]. The rationales of the rules they discuss are more

complicated than the kinds discussed here. Their rationales involve

a fundamentally different kind of reasoning: the reasoning about

compromises in policy-making. The present work is less ambitious in

scope and more ambitious in formality. It remains to be seen how

many rationales can be expressed as compilation rationales of the

five kinds explored here. Future work mut surely be directed at

representing the most important rationales in a particular legal

domain. We do not expect that the full range of principles discussed

for instance in Hart [Hart61], Dworkin [Dworkin85], or Peczenik

[Peczenik89] could be accommodated with compilation rationales. The

rationales chosen for investigation here are just the ones most

amenable to treatment in the existing model of argument and

disputation. Branting [Branting93] is a formal analysis of

rationales that does not rely on argument systems.

Prakken briefly discusses the possibility of modeling principle and

purpose [Prakken93]. He follows Gardner [Gardner87] by taking most

of the principle and purpose to be reflected in the matching of past

cases to present case: i.e., in the extraction of rules from cases.

"In this way it is possible to account for the defeasibility of legal

rules caused by principle and purpose without having to complicate

the formal model too much." Of course, the matching of cases must be

performed on the essential aspects of the case. It was precisely the

delineation of the essential from the inessential that led us to

investigate explicit representation of rationales. Ashley

[Ashley89], for example, assumes that only the important aspects of

cases are formalized in the first place.

Prakken, noting agreement with Berman and Hafner, notes that

reasoning with rationales will be unavoidably meta-level reasoning.

Applying the model will determine whether the added representational

power is worth the complication of the model to include

meta-reasoning.

Formality plays an important role in some of AI's interpretations of

legal reasoning. Once the importance of rationales is allowed, the

questions arise: what kinds of rationales? represented in what

way? introduced according to what protocol? General studies of

argument, such as Toulmin's, have provided room for criticising the

backing of a rule, the grounds on which it was adopted. But no prior

work known to us has attempted to present details of this knowledge,

their structures, and the processes in which they participate. To

future automaters of rule-based and case-based legal reasoning, we

hope studies of this kind will be useful.

Acknowledgements.

We are grateful for the meta-arguing of Violetta Cavalli-Sforza;

also, to Kevin Ashley and Mark Mittelman for their comments, and the

opportunity to present this work at U. Pittsburgh LRDC.

References.

Alchourron, C. and E. Bulygin. Normative Systems, Springer-Verlag,

1971.

Alexy, R. A Theory of Legal Argumentation, (translation), Oxford,

1989.

Ashley, K. "Defining salience in case-based arguments," Proc. IJCAI,

1989.

Ashley, K. and V. Aleven. "Toward an intelligent tutoring system for

teaching law students to argue with cases," Proc. ACM ICAIL, 1991.

Bayles, M. Procedural Justice, Kluwer, 1990.

Berman D. and C. Hafner. "Representing teleological structure in

case-based legal reasoning," Proc. ICAIL, 1993.

Branting, K. "A reduction-graph model of ratio decidendi," Proc.

ICAIL, 1993.

Dworkin, R. A Matter of Principle, Harvard, 1985.

Gardner, A. An Artificial Intelligence Approach to Legal Reasoning,

MIT Press, 1987.

Gordon, T. The Pleadings Game, doctoral dissertation, University of

Darmstadt, 1993.

Hart, H.L.A. "The ascription of rights and responsibilities," in A.

Flew, ed., Logic and Language, Oxford, 1951.

Hart, H.L.A. Concept of Law, Oxford, 1961.

Loui, R. "Analogical reasoning, defeasible reasoning, and the

reference class," Proc. Knowledge Representation and Reasoning,

1989.

Loui, R. "Process and policy," Washington Unviersity Computer

Science Technical Report 92-43, 1992.

Loui, R., J. Norman, A. Merrill, K. Stiefvater, and A. Costello.

"Computing specificity," Washington Unviersity Computer Science

Technical Report 93-03, 1993a.

Loui, R., J. Norman, A. Merrill, and J. Olson. "A design for

reasoning with policies, precedents, and rationales," Proc. ICAIL,

1993b.

Peczenik, A. On Law and Reason, Kluwer, 1989.

Pollock, J. "How to reason defeasibly," Artificial Intelligence 57,

1992.

Prakken, H. Logical Tools for Modelling Legal Argument, doctoral

dissertation, Free University Amsterdam, 1993.

Quine, W. V. O. personal communication, 1990.

Rescher, N. Dialectics, SUNY Buffalo, 1977.

Rissland, E. and K. Ashley. "A case-based system for trade secrets

law," Proc. ACM ICAIL, 1987.

Rissland, E. and D. Skalak. "Interpreting statutory predicates,"

Proc. ACM ICAIL, 1989.

Sartor, G. Artificial Intelligence in Law, Tano, 1993a.

Sartor, G. "A simple computational model for non-monotonic and

adversarial legal reasoning," Proc. ICAIL, 1993b.

Simari, G. and R. Loui. "A mathematical treatment of defeasible

reasoning and its implementation,"Artificial Intelligence 53, 1992.

Skalak, D. and E. Rissland. "Argument moves in a rule-guided

domain," Proc. ACM ICAIL, 1991.

Soeteman, A. Logic in Law, Kluwer, 1989.

Toulmin, S. The Uses of Argument, Cambridge, 1958.

Vreeswijk, G. Studies in Defeasible Argumentation, doctoral

dissertation, Free University Amsterdam, 1993.