법적 논증과 관련한 인공지능연구의 현황
The current situation and the suggestions of AI & Law research in Legal Reasoning
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This paper reviews the current situation and the suggestions of Artificial Intelligence & Law research from the perspective of legal argumentation. Since the 1950's, especially in Europa and USA, the interest in Artificial Intelligence began to grow among scholars in computer science. And since the 1970’s, especially in Europa, the studies in legal argumentation began to grow rapidly among the scholars not in argumentation theory, but also in legal theory and legal philosophy. In spite of this wide tendency in a world in which we live today, the concept 'AI & Law and legal reasoning' in field of legal reasoning of Korea is for the most part unknown, insofar as I can understand. Douglas Walton recently have attempt to integrate with logic, rhetoric and computational dialectic, so to speak, AI in a deliberative democratic society. All these endeavor have a confirmed basic viewpoint. It is that the logical validity of an inference not purely depends on the meaning of some structural words involved in the inference, but sentences that are distinguishable from a logical point of view can very well play different roles in an argument. In this paper are introduced nonmonotic logic, defeasible reasoning, case-based reasoning, HYPO, CATO, CABARET, argument scheme and so on, to help legal scholar in Korea make sense of legal reasoning in AI & Law research.
Abstract
This paper reviews the current situation and the suggestions of Artificial Intelligence & Law research from the perspective of legal argumentation. Since the 1950's, especially in Europa and USA, the interest in Artificial Intelligence began to grow among scholars in computer science. And since the 1970’s, especially in Europa, the studies in legal argumentation began to grow rapidly among the scholars not in argumentation theory, but also in legal theory and legal philosophy. In spite of this wide tendency in a world in which we live today, the concept 'AI & Law and legal reasoning' in field of legal reasoning of Korea is for the most part unknown, insofar as I can understand. Douglas Walton recently have attempt to integrate with logic, rhetoric and computational dialectic, so to speak, AI in a deliberative democratic society. All these endeavor have a confirmed basic viewpoint. It is that the logical validity of an inference not purely depends on the meaning of some structural words involved in the inference, but sentences that are distinguishable from a logical point of view can very well play different roles in an argument. In this paper are introduced nonmonotic logic, defeasible reasoning, case-based reasoning, HYPO, CATO, CABARET, argument scheme and so on, to help legal scholar in Korea make sense of legal reasoning in AI & Law research.
참고문헌 (24)
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