The Split-Up Project: Induction, Context and Knowledge Discovery in Law

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Zeleznikow, John (2004) The Split-Up Project: Induction, Context and Knowledge Discovery in Law. Law, Probability and Risk, 3 (2). pp. 147-168. ISSN 1470-8396

Abstract

Most legal decision support systems have generally operated in domains with well-understood norms. Hence reasoning has been represented by a combination of rule-based and case-based reasoning. However, we analyse legal domains in which decision makers are allowed a significant amount of discretion. We argue that if the domain is bounded, and a sufficient number of commonplace cases exist, then the domain can be modelled using Knowledge Discovery from Databases techniques. Whilst we focus upon legal principles for decision making in discretionary legal domains, our goal is to develop theory for constructing legal decision support systems. Our jurisprudential theory is hence applied to a practical legal domain - namely the distribution of marital property following divorce in Australia. We conclude by discussing how we can maintain, update and evaluate the quality of the advice offered by our legal decision support systems.

Item type Article
URI https://vuir.vu.edu.au/id/eprint/2682
Official URL http://lpr.oxfordjournals.org/content/3/2/147.full...
Subjects Historical > FOR Classification > 1801 Law
Historical > Faculty/School/Research Centre/Department > School of Law
Keywords ResPubID6867, induction, knowledge, discovery, discretion, legal decision, support systems
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