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

Posted: 29 Feb 2008

See all articles by John Zeleznikow

John Zeleznikow

Victoria University - Victoria University of Technology

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.

Keywords: induction, knowledge, discovery, discretion, legal decision, support systems

Suggested Citation

Zeleznikow, John, The Split-Up Project: Induction, Context and Knowledge Discovery in Law. Law, Probability and Risk, Vol. 3, pp. 147-168, 2004. Available at SSRN: https://ssrn.com/abstract=805081

John Zeleznikow (Contact Author)

Victoria University - Victoria University of Technology ( email )

P.O. Box 14428
Melbourne, Victoria 8001
Australia

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