AI and Law

This chapter provides an overview of the main lines of inquiry of Artificial Intelligence and Law (AI and Law), such as rule-based reasoning, case-based reasoning, ontologies, argumentation, theory construction and legal deontics. We argue that a rich pic

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AI and Law Giovanni Sartor and Antonino Rotolo

13.1 The Domain of AI and Law Few disciplines may appear to be as far apart as law and artificial intelligence. The first can vaunt a tradition spanning millennia, while the second cannot go beyond 1950. The first is a cultural discipline, deeply enmeshed in the fabric of human life, while the second is a technological science, dealing with hardware and software artifacts. The first is usually conceived as a form of art (the art of the good and the right) which cannot be reduced to predetermined mechanical procedures, while the second focuses precisely on the problem of mechanisation. Besides those differences, however, there are also important points of convergence: both disciplines need to approach the complexities of the human mind and human action, both need to use and organise large quantities of information, both want to engage in flexible problem-solving activities in complex domains. The combination of this challenging distance and this promising convergence between AI and law explains the reciprocal attraction between those disciplines, which has led to the establishment of an active research community and to the achievement of significant theoretical results as well as bearing fruit in many computer implementations. AI and Law research and results cover many different topics, such as • Formal theories of norms and normative systems, • Computational legal logic, G. Sartor () EUI, Florence, Italy CIRSFID – Faculty of Law, University of Bologna, Bologna, Italy e-mail: [email protected] A. Rotolo CIRSFID – Faculty of Law, University of Bologna, Bologna, Italy e-mail: [email protected] S. Ossowski (ed.), Agreement Technologies, Law, Governance and Technology Series 8, DOI 10.1007/978-94-007-5583-3__13, © Springer Science+Business Media Dordrecht 2013

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G. Sartor and A. Rotolo

Legal argumentation systems, Ontologies for the law, Game theory as applied to the law, Formal models of legal institutions and MAS, Simulations in legal and social norms, Rule-interchange languages for the legal domain, Legal e-discovery and information retrieval, NLP in the legal domain, Machine learning in the law.

Many AI researchers considered that the development of AI applications in the legal domain should make use, not only of legal sources, but should also interface with legal theory, legal doctrine, and philosophy. In this sense, AI and Law is indeed an interdisciplinary effort, combining methods and results also from deontic logic, norms and agent-based simulation, game theory and norms, normative agents, norms and organization, norms and trust, and norms and argumentation. In the remainder, we will shortly illustrate AI and Law research by revolving around some general key ideas in regard to how the law can be viewed from that research perspectives. The following outline should by no means be considered exhaustive and just considers some well-established research areas.

13.2 Law as a Deductive System or a Set of Rules The first attemp