Case Analysis for Case Law Education Using Factors and Computational Argumentation Theory

Abstract

AbstractIn Chap. 4, we proposed a new method of analyzing precedents by introducing the concept of legal topoi to the description of precedents based on factors, and at the same time, we conducted an analysis of 21 precedents on tax law intending to investigate the possibility of predicting judgments and showed that it is possible to observe the trend of judgments in tax law. However, the method in Chap. 4 could not sufficiently verify the logic of the precedents because the relationship between the claims of plaintiffs and defendants and the judgments of judges in the precedents depended on the hierarchical relationship of factors and legal topoi. Therefore, in this chapter, we will use computational argumentation theory to describe the claims of plaintiffs and defendants and the judgments of judges in an argumentation framework for further analysis and logical verification of precedents. Specifically, the bipolar argumentation framework (BAF), which is an extension of the argumentation framework (AF), and the extended argumentation framework (EAF) will be used together to look at the plaintiff and defendant from both sides, and at the same time, the court’s decision will be described and discussed in the form of an EAF.