This dissertation is about adversarial, case-based reasoning and the HYPO
program that performs adversarial reasoning with cases and hypotheticals in te
legal domain. The dissertation identifies and describes basic case-based
operations, an adversarial, case-based reasoning process, a schematic structure
for case-based arguments, the kinds of counter-examples that arise and the
knowledge sources necessary to support adversarial, case-based reasoning.
Law is an excellent domain for studying case-based reasoning. Expert system
designers use case-based reasoning to capture expertise in domains where rules
are ill-defined, incomplete, or inconsistent. As an indispensable supplement to
reasoning deductively with legal rules, attorneys and judges reason analogically
with precedent cases; rule predicates are simply not sufficiently well-defined
for them to infer correct decisions deductively. In fact, one "right answer"
seldom exists to legal questions. Legal experts make competing arguments
instead, pitting conflicting interpretations of cases and facts against each
other.
This paper describes CABOT, a case-based system that is able to adjust its
retrieval and adaptation metrics, in addition to storing cases. It has been
applied to the game of OTHELLO. Experiments show that CABOT saves about half as
many cases as similar systems that do not adjust their retrieval and adaptation
mechanisms. It also consistently beats these systems. These results suggest
that existing case-based systems could save fewer cases without reducing their
current levels of performance. They also demonstrate that it is beneficial to
distinguish failures due to missing information, faulty retrieval, and faulty
adaptation.
We have built a hybrid Case-Based Reasoning (CBR) and Information Retrieval
(IR) system that generates a query to the IR system by using information derived
from CBR analysis of a problem situation. The query is automatically formed by
submitting in text form a set of highly relevant cases, based on a CBR analysis,
to a modified version of INQUERY's relevance feedback module. This approach
extends the reach of CBR, for retrieval purposes, to much larger corpora and
injects knowledge-based techniques into traditional IR.
In this paper we discuss a hybrid approach combining Case-Based Reasoning (CBR)
and Information Retrieval (IR) for the retrieval of full-text documents. Our
hybrid CBR-IR approach takes as input a standard symbolic representation of a
problem case and retrieves texts of relevant cases from a document corpus
dramatically larger than the case base available to the CBR system. Our system
works by first performing a standard HYPO-style CBR analysis and then using
texts associated with certain important classes of cases found in this analysis
to "seed" a modified version of INQUERY's relevance feedback mechanism in order
to generate a query composed of individual terms or pairs of terms. Our approach
provides two benefits: it extends the reach of CBR (for retrieval purposes) to
much larger corpora, and it enables the injection of knowledge-based techniques
into traditional IR. We describe our CBR-IR approach and report on on-going
experiments.
We discuss the use of Case-Based Reasoning (CBR) to drive an Information
Retrieval (IR) system. Our hybrid CBR-IR approach takes as input a standard
frame-based representation of a problem case, and outputs texts of relevant
cases retrieved from a document corpus dramatically larger than the case base
available to the CBR system. While the smaller case base is accessible by the
usual case-based indexing, and is amenable to knowledge-intensive methods, the
larger IR corpus is not. Our approach thus provides two benefits: it extends the
reach of CBR (for retrieval purposes) to much larger corpora, and it enables
the injection of knowledge-based techniques into traditional IR. Our system
works by first performing a standard HYPO-style CBR analysis, and then using
texts associated with certain important classes of cases found in this analysis
to ``seed'' a modified version of INQUERY's relevance feedback mechanism in
order to generate a query. We describe our general approach and report the
results of experiments performed in two different legal domains.
In this paper we discuss a hybrid approach combining Case-Based
Reasoning (CBR) and Information Retrieval (IR) for the retrieval of
legal documents. Our hybrid CBR-IR approach takes as input a standard
symbolic representation of a problem case and retrieves texts of
relevant cases from a document corpus dramatically larger than the
case base available to the CBR system. Our system works by first
performing a standard HYPO-style CBR analysis and then using texts
associated with certain important classes of cases found in this
analysis to "seed" a modified version of INQUERY's relevance
feedback mechanism in order to generate a query. Our approach provides
two benefits: it extends the reach of CBR (for retrieval purposes) to
much larger corpora, and it enables the injection of knowledge-based
techniques into traditional IR. We describe our CBR-IR approach and
report on on-going experiments performed in two different legal
domains.
In this article we evaluate the BankXX program from several perspectives. BankXX
is a case-based legal argument program that retrieves cases and other legal
knowledge pertinent to a legal argument through a combination of heuristic
search and knowledge-based indexing. The program is described in detail in a
companion article in (this issue of) the Journal of Artificial Intelligence and
Law. Three perspectives are used to evaluate BankXX: (1) classical information
retrieval measures of precision and recall applied against a hand-coded
baseline; (2) knowledge-representation and case-based reasoning perspectives,
where the baseline is provided by the functionality of a well-known case-based
argument program, HYPO [Ashley, 1990]; and (3) search perspective, in which the
performance of BankXX run with various parameter settings, for instance,
resource limits, is compared. In this article we report on an extensive series
of experiments performed to evaluate the program. We also describe two brief
experiments on ancillary questions regarding the program's search behavior and
knowledge representation. Finally we offer some general conclusions that might
be drawn from these particular experiments.
The BankXX system models the process of perusing and gathering information for
argument as a heuristic best-first search for relevant cases, theories, and
other domain-specific information. As BankXX searches its heterogeneous and
highly interconnected network of domain knowledge, information is incrementally
analyzed and amalgamated into a dozen desirable ingredients for argument (called
argument pieces), such as citations to cases, applications of legal theories,
and references to prototypical factual scenarios. At the conclusion of the
search, BankXX outputs the set of argument pieces filled with harvested material
relevant to the input problem situation.
This research explores the appropriateness of the search paradigm as a framework
for harvesting and mining information needed to make legal arguments. In this
first of two articles, we describe how legal research fits the heuristic search
framework and detail how this model is used in BankXX. We describe the BankXX
program with emphasis on its representation of legal knowledge and legal
argument. We describe the heuristic search mechanism and evaluation functions
that drive the program. We give an extended example of the processing of BankXX
on the facts of an actual legal case in BankXX's application domain-the good
faith question of Chapter 13 personal bankruptcy law. We discuss closely related
research on legal knowledge representation and retrieval and the use of search
for case retrieval or tasks related to argument creation. Finally we review what
we believe are the contributions of this research to the understanding of the
diverse disciplines it addresses.
In this paper we describe a system, called BankXX, which generates arguments by
performing a heuristic best-first search of a highly interconnected network of
legal knowledge. The legal knowledge includes cases represented from a variety
of points of view: cases as
collections of facts, cases as dimensionally-analyzed fact situations, cases as
bundles of citations, and cases as prototypical factual scripts, as well as
legal theories represented in terms of domain factors. BankXX performs its
search for useful information using one of three evaluation functions encoded at
different levels of abstraction: the domain level, the argument-piece level, and
the overall argument level. Evaluation at the domain level uses easily
accessible information about the nodes, such as their type; evaluation at the
argument-piece level uses information about generally useful components of
case-based argument, such as best cases and supporting legal theories;
evaluation at the overall-argument level uses factors, called argument
dimensions, which address the overall substance and quality of an argument, such
as the centrality of its supporting cases or the success record of its best
theory. BankXX is instantiated in the area of personal bankruptcy governed by
Chapter 13 of the U.S. Bankruptcy Code, which permits a debtor to be discharged
from debts through completion of a court-approved payment plan. In particular,
our system addresses the requirement that such Chapter 13 plans be 'proposed in
good faith.'
We discuss the indexing of cases for use in precedent-based argument. Our focus
is on how multiple, related indices into a case base of legal precedents are
exploited by an argument-generation program called BankXX. This system's
architecture and control scheme are rooted in a conceptualization of legal
argument as heuristic search. Although our framing argument as search is not
discussed in detail in this paper, we describe the main features of this view to
provide context for a discussion of an indexing scheme that facilitates argument
creation. We describe five inter-related index types-citation, prototypical
story, factor, family resemblance, and legal theory indices-and show how they
can be used to access, view, widen, or filter a set of cases. The application
domain is a U.S. Federal statute that governs the approval of bankruptcy plans.
In this project we study the effect of a user's high-level expository goals upon
the details of how case-based reasoning (CBR) is performed, and, vice versa, the
effect of feedback from CBR on them. Our thesis is that case retrieval should
reflect the user's ultimate goals in appealing to cases and that these goals can
be affected by the cases actually available in a case base. To examine this
thesis, we have designed and built FRANK (Flexible Report and Analysis System),
which is a hybrid, blackboard system that integrates case-based, rule based, and
components to generate a medical diagnostic report that reflects a user's
viewpoint and specifications. FRANK's control module relies on a set of generic
hierarchies that provide taxonomies of standard report types and problem-solving
strategies in a mixed-paradigm environment. Our second focus in FRANK is on its
response to a failure to retrieve an adequate set of supporting cases. We
describe FRANK's planning mechanisms that dynamically re-specify the memory
probe or the parameters for case retrieval when an inadequate set of cases is
retrieved, and give an extended example of how the system responds to retrieval
failures.
Rules often contain terms that are ambiguous, poorly defined or not defined at
all. In order to interpret and apply rules containing such terms, appeal must
be made to their previous constructions, as in the interpretation of legal
statutes through relevant legal cases. We describe a system CABARET (CAse-BAsed
REasoning Tool) that provides a domain-independent shell that integrates
reasoning with rules and reasoning with previous cases in order to apply rules
containing ill-defined terms. The integration of these two reasoning paradigms
is performed via a collection of control heuristics, which suggest how to
interleave case-based methods and rule-based methods to construct an argument to
support a particular interpretation. CABARET is currently instantiated with
cases and rules from an area of income tax law, the so-called "home office
deduction". An example of CABARET's processing of an actual tax case is
provided in some detail. The advantages of CABARET's hybrid approach to
interpretation stem from the synergy derived from interleaving case-based and
rule-based tasks.
We describe how a genetic algorithm can identify prototypical examples from a
case base that can be used reliably as reference instances for nearest neighbor
classification. A case-based retrieval and classification system called Off
Broadway implements this approach. Using the Fisher Iris data set as a case
base, we describe an experiment showing that nearest neighbor classification
accuracy of over 95% can be achieved with a set of prototypes that constitute
less than 5% of the case base.
We discuss several aspects of legal arguments, primarily arguments about the
meaning of statutes. First, we discuss how the requirements of argument guide
the specification and selection of supporting cases and how an existing case
base influences argument formation. Second, we present our evolving taxonomy of
patterns of actual legal argument. This taxonomy builds upon our much earlier
work on 'argument moves' and also on our more recent analysis of how cases are
used to support arguments for the interpretation of legal statutes, which
provides the framework for the CABARET system. Third, we show how the theory of
argument used by CABARET, a hybrid case-based/rule-based reasoner, can support
many of the argument patterns in our taxonomy. Lastly, we discuss how some of
these observations and models can be extended to the situation in which a
conclusion is sanctioned by a general warrant and not just the application of a
rule.
A model of case-based reasoning is presented that relies on a procedural
representation for cases. In an implementation of this model, cases are
represented as knowledge sources in a blackboard
architecture. Case knowledge sources define local neighborhoods of similarity,
and are triggered if a problem case falls within a neighborhood. This form of
'local indexing' is a viable alternative
where global similarity metrics are unavailable. Other features of this approach
include fine-grained scheduling of case retrieval, a uniform representation for
cases and other knowledge sources in hybrid systems that incorporate case-based
reasoning and other reasoning methods, and a straightforward way to represent
the actions generated by cases. This model of case-based reasoning has been
implemented in a prototype system ('Broadway') that selects from a case base
automobiles that meet a car buyer's requirements most closely and explains its
selections.
Precedent-based domains are areas where one appeals to previous cases to support
a solution, decision, explanation, or an argument. In such domains, experts
typically use care in choosing cases, and apply such criteria as case relevance,
prototypicality and importance. In
precedent-based domains where both cases and rules are used, experts use an
additional selection criterion: the generalizations that a particular group of
cases support. Domain experts use their knowledge of cases to forge the rules
learned from those cases.
In this paper, we explore inductive learning in a ``mixed paradigm'' reasoning
setting, one where both rule-based and case-based reasoning methods are used.
In particular, we consider how the techniques of case-based reasoning in an
adversarial, precedent-based domain can be
used to aid a decision-tree based learning algorithm for (1) training set
selection, (2) branching feature choice, (3) induction policy preference, and
(4) deliberate exploitation of inductive bias. We focus on how precedent-based
argumentation may inform the selection of training examples used to build
classification trees. The resulting decision trees may then be re-expressed as
rules and incorporated into the mixed paradigm system. We discuss the heuristic
control problems involved in incorporating an inductive learner into CABARET, a
mixed paradigm reasoner. Finally, we present an empirical study in a legal
domain of the classification trees generated by various training sets
constructed by a case-based argument module.
Modeling Legal Argument: Reasoning with Cases and Hypotheticals
Ashley, K. D. (1990)
A Case-Based Approach to Modelling Legal Expertise
Ashley, K. D. and Rissland, E. L. (1988)
CABOT: An Adaptive Approach to Case-Based Search
Callan, J. P., Fawcett, T. E., and Rissland, E. L. (1991)
A Case-Based Approach to Intelligent Information Retrieval
Daniels, J. J. and Rissland, E. L. (1995)
The Synergistic Application of CBR to IR
Rissland, E. L. and Daniels, J. J. (1995)
Using CBR to Drive IR
Rissland, E. L. and Daniels, J. J. (1995)
A Hybrid CBR-IR Approach to Legal Information Retrieval
Rissland, E. L. and Daniels, J. J. (1995)
Evaluating a Legal Argument Program: The BankXX Experiments
Rissland, E. L., Skalak, D. B., and Friedman, M. T. (1995)
BankXX: Supporting LEgal Arguments through Heuristic Retrieval
Rissland, E. L., Skalak, D. B., and Friedman, M. T. (1994)
BankXX: A Program to Generate Argument through Case-Based Search
Rissland, E. L., Skalak, D. B., and Friedman, M. T. (1993)
Case Retrieval through Multiple Indexing and Heuristic Search
Rissland, E. L., Skalak, D. B., and Friedman, M. T. (1993)
Case-Based
Diagnostic Analysis in a Blackboard Architecture
Rissland, E. L., Daniels, J. J., Rubinstein, Z. B., and Skalak, D. B. (1993)
CABARET: Rule Interpretation in a Hybrid Architecture
Rissland, E. L. and Skalak, D. B. (1991)
Using a Genetic Algorithm to Learn Prototypes for Case Retrieval and
Classification
Skalak, D. B. (1993)
Arguments and Cases: An Inevitable Intertwining
Skalak, D. B. and Rissland, E. L. (1992)
Representing Cases as Knowledge Sources that Apply Local Similarity Metrics
Skalak, D. B. (1992)
Inductive Learning in a Mixed Paradigm Setting.
Skalak, D. B. and Rissland, E. L. (1990)
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