Argumentation and explanation in the law

Frontiers in Artificial Intelligence

Artificial Intelligence

Antonino Rotolo¹  Giovanni Sartor² 

[1] Alma AI and Department of Legal Studies, Alma Mater Studiorum - Università di Bologna, Bologna, Italy;Alma AI and Department of Legal Studies, Alma Mater Studiorum - Università di Bologna, Bologna, Italy;Department of Law, European University Institute, Florence, Italy;

关键词: explanation;    argumentation;    legal reasoning;    defeasibility;    normative systems;    justification;   

DOI  :  10.3389/frai.2023.1130559

 received in 2022-12-23, accepted in 2023-08-11,  发布年份 2023

来源: Frontiers

【 摘 要 】

This article investigates the conceptual connection between argumentation and explanation in the law and provides a formal account of it. To do so, the methods used are conceptual analysis from legal theory and formal argumentation from AI. The contribution and results are twofold. On the one hand, we offer a critical reconstruction of the concept of legal argument, justification, and explanation of decision-making as it has been elaborated in legal theory and, above all, in AI and law. On the other hand, we propose some definitions of explanation in the context of formal legal argumentation, showing a connection between formal justification and explanation. We also investigate the notion of stable normative explanation developed elsewhere in Defeasible Logic and extend some complexity results. Our contribution is thus mainly conceptual, and it is meant to show how notions of explanation from literature on explainable AI and legal theory can be modeled in an argumentation framework with structured arguments.

【 授权许可】

Unknown   
Copyright © 2023 Rotolo and Sartor.