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Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, Bernoulli Institute of Mathematics, Computer Science and Artificial Intelligence www.ai.rug.nl/~verheij
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Page 1: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Artificial Intelligence as Law

Bart Verheij

Department of Artificial Intelligence, Bernoulli Institute of Mathematics, Computer Science and Artificial Intelligence

www.ai.rug.nl/~verheij

Page 2: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Guillotine, Nieuwmarkt, Amsterdam, 1812 (Rijksmuseum RP-P-OB-87.033)

Page 3: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.
Page 4: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.
Page 5: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.
Page 6: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

TV series Futurama, judge 723(futurama.fandom.com/wiki/Judge_723)

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LOI n° 2019-222 du 23 mars 2019 de programmation 2018-2022 et de réforme pour

la justice (1) - Article 33

Les données d'identité des magistrats et des membres du greffe ne peuvent faire l'objet d'une réutilisation ayant pour objet ou pour effet d'évaluer, d'analyser, de comparer ou de prédire leurs pratiques professionnelles réelles ou supposées.

The identity data of magistrates and members of the registry cannot be reused with the purpose or effect of evaluating, analyzing, comparing or predicting their actual or alleged professional practices.

March 2019

Page 8: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

May 11, 2019

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NRC Handelsblad June 15, 2019

Page 11: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Dutch AI Manifesto, bnvki.org

Page 12: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Excellence across all of AI.

For all of Europe.

With a Human-Centred Focus.

I am a member of the CLAIRE Research Network.

Network Centre

Hub

Centre

Centre

Centre

Centre

Page 13: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

AI&Law

has worked on the design of

socially aware

explainable

responsible AI

for decades already

Page 14: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

AI as Law

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Page 19: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.
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CodeXTechindex(Stanford)

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Legal tech exists,

is it AI?

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Page 24: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

AI & Law is hard

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Nederland ontwapent

The Netherlands disarm

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Hurdles

1. Legal reasoning is rule-guided, rather than rule-governed.

2. Legal terms are open textured.

3. Legal questions can have more than one answer, but a reasonable and timely answer must be given.

4. The answers to legal questions can change over time.

Rissland 1988 on Gardner 1987

Harvard Journal of Law and Technology

Page 27: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

The subsumption model

Facts (given) Legal consequence(s)Rules (given)

Montesquieu (1689-1755):

The judge as ‘bouche de la loi’

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The theory construction model

Page 29: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Facts

(initial version)

Evidence

(initial version)

Legal

consequences

(initial version)

Facts

(final version)

Evidence

(final version)

Legal

consequences

(final version)

The theory construction model

Page 30: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

AI as Law

Page 31: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Artificial Intelligence

AI as mathematics

AI as technology

AI as psychology

AI as sociology

AI as law

Page 32: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Artificial Intelligence

AI as mathematics

Logic Probability theory

AI as technology

Expert systems Machine learning

AI as psychology

Cognitive modeling Cognitive computing

AI as sociology

Multi-agent systems Autonomous robots

AI as law

...

Page 33: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Toulmin on logic

Logic as mathematics

Logic as technology

Logic as psychology

Logic as sociology

Logic as law

Page 34: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Law

Law as mathematics

Rule following Stare decisis

Law as technology

Civil law Common law

Law as psychology

Judicial reasoning Judicial discretion

Law as sociology

Critical discussion Societal regulation

Law as law

Rule of law Justice

Page 35: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Artificial Intelligence

AI as mathematics

Logic Probability theory

AI as technology

Expert systems Machine learning

AI as psychology

Cognitive modeling Cognitive computing

AI as sociology

Multi-agent systems Autonomous robots

AI as law

Hybrid critical discussion systems

Page 36: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.
Page 37: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Topics in AI

Reasoning

Knowledge

Learning

Language

Page 38: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Reasoning

Argumentation

Defeasibility

Inconsistency, incompleteness, uncertainty

Page 39: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

John is ownerMary is owner

Mary is original owner John is the buyer

John was not bona fide

John bought the bike for €20ProsCons

Page 40: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.
Page 41: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Grounded extension

Stable extension

Preferred extension

Complete extension

Abstract argumentation semantics (1995)

Dung 1995

Page 42: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Grounded extension

Stable extension

Stage extensionSemi-stable extension

Preferred extension

Complete extension

Abstract argumentation semantics (1996)

Dung 1995

Verheij 1996

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Argumentation semantics (2003)

DefLog Verheij 2003

Stable

Semi-stable Preferred

Stage

Stable

Page 44: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Abstract argumentation (Dung 1995)

Dung’s abstract arguments have internal structure representing support

Abstract version:

Page 45: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Case models

Page 46: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Knowledge

Argumentation schemes

Norms

Ontologies

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2015

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Scenario schemes

Bex 2009 dissertation

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Page 52: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Learning

Statistical analysis

Open data

Neural networks

Page 53: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Netherlands Criminal Courts Prediction Machine

Predict

Page 54: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Netherlands Criminal Courts Prediction Machine

Predict

Prediction: The suspect is guilty as charged

Page 55: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Netherlands Criminal Courts Prediction Machine

Predict

Prediction: The suspect is guilty as charged

CBS: Central Bureau of Statistics in the Netherlands

Page 56: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Netherlands Criminal Courts Prediction Machine

Predict

Prediction: The suspect is guilty as charged

CBS: Central Bureau of Statistics in the Netherlands

Page 57: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Judicial prediction

US supreme court prediction

Prediction method Correct

Majority outcome (= always affirm) 60%

Majority outcome in past 10 years 67%

AI model (Katz, Bommarito, Blackman 2017) 70%

European Court of Human Rights

Prediction method Correct

Random guess (prepared dataset) 50%

AI model (Aletras et al 2016) 79%

AI model (Aletras et al 2016) only using circumstances 73%

Page 58: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Neural networks

Bench-Capon ICAIL 1993

Should be 60 for women, 65 for men (difference 5)

Page 59: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Cases and rules

Data Knowledge

Page 60: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Language

Labeled data

Prediction

Argument mining

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2011

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2014

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ICAIL 2009

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Feb 11, 2019

Page 69: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Vlek 2016 dissertation

Page 70: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

AI as Law

Page 71: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Artificial Intelligence

AI as mathematics

Logic Probability theory

AI as technology

Expert systems Machine learning

AI as psychology

Cognitive modeling Cognitive computing

AI as sociology

Multi-agent systems Autonomous robots

AI as law

Hybrid critical discussion systems

Page 72: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Topics in AI

Reasoning

Argumentation Formal semantics

Knowledge

Schemes and norms Commonsense

Learning

Rules and cases Explainability, responsibility

Language

Interpretation Understanding

Page 73: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

www.ai.rug.nl/~verheij/oratie

Page 74: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.
Page 75: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Cases and rules

Data Knowledge

Page 76: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

TV series Futurama, judge 723(futurama.fandom.com/wiki/Judge_723)

Page 77: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

AI as Law

Page 78: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Conclusion

AI&Law is more relevant than ever.

AI&Law has worked on the design of socially aware, explainable, responsible AI for decades already.

AI&Law addresses the hardest problems across the breadth of AI (reasoning, knowledge, learning, language).

AI&Law inspires ideas for new solutions(argumentation, schemes and norms, rules and cases, interpretation).

Page 79: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Artificial Intelligence as Law

Bart Verheij

Department of Artificial Intelligence, Bernoulli Institute of Mathematics, Computer Science and Artificial Intelligence

www.ai.rug.nl/~verheij

Page 80: Artificial Intelligence as Law - IAAIL.org · 2019-06-20 · Artificial Intelligence as Law Bart Verheij Department of Artificial Intelligence, ... NRC Handelsblad June 15, 2019.

Further reading

Verheij, B. (2018). Arguments for Good Artificial Intelligence. Groningen: University of Groningen. Inaugural lecture. http://www.ai.rug.nl/~verheij/oratie/. details pdf


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