Argument schemes for reasoning with legal cases using values
Trevor J. M. Bench-Capon, Henry Prakken, Adam Wyner, Katie M. Atkinson · 2013
Argument schemes can provide a means of explicitly describing reasoning methods in a form that lends itself to computation. The reasoning required to distinguish cases in the manner of CATO has been previously captured as a set of argument schemes. Here we present argument schemes that encapsulate another way of reasoning with cases: using preferences between social values revealed in past decisions to decide cases which have no exact matching precedents when the cases are described in terms of factors. We provide a set of schemes, with variations to capture different ways of comparing sets and varying degrees of promotion of values; we formalise these schemes; and we illustrate them with some examples.