Search results for: judicial reasoning

Authors: Sonia Anand Knowlton

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As the use of Artificial Intelligence is becoming increasingly integrated in virtually every area of life, the need and interest to logically formalize the law and judicial reasoning is growing tremendously. The study of argumentation frameworks (AFs) provides promise in this respect. AF’s provide a way of structuring human reasoning using a formal system of non-monotonic logic. P.M. Dung first introduced this framework and demonstrated that certain arguments must prevail and certain arguments must perish based on whether they are logically “attacked” by other arguments. Dung labelled the set of prevailing arguments as the “preferred extension” of the given argumentation framework. Trevor Bench-Capon’s Value-based Argumentation Frameworks extended Dung’s AF system by allowing arguments to derive their force from the promotion of “preferred” values. In VAF systems, the success of an attack from argument A to argument B (i.e., the triumph of argument A) requires that argument B does not promote a value that is preferred to argument A. There has been thorough discussion of the application of VAFs to the law within the computer science literature, mainly demonstrating that legal cases can be effectively mapped out using VAFs. This article analyses VAFs from a jurisprudential standpoint to provide a philosophical and theoretical analysis of what VAFs tell the legal community about the judicial reasoning, specifically distinguishing between legal and moral reasoning. It highlights the limitations of using VAFs to account for judicial moral reasoning in theory and in practice.

Keywords: nonmonotonic logic, legal formalization, computer science, artificial intelligence, morality

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Authors: Sonia Anand Knowlton

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There are some cases where we as a society feel deeply uncomfortable with the use of Artificial Intelligence (AI) tools in the judicial decision-making process, and justifiably so. A perfect example is COMPAS, an algorithmic model that predicts recidivism rates of offenders to assist in the determination of their bail conditions. COMPAS turned out to be extremely racist: it massively overpredicted recidivism rates of Black offenders and underpredicted recidivism rates of white offenders. At the same time, there are certain uses of AI in the judicial decision-making process that many would feel more comfortable with and even support. Take, for example, a “super-breathalyzer,” an (albeit imaginary) tool that uses AI to deliver highly detailed information about the subject of the breathalyzer test to the legal decision-makers analyzing their drunk-driving case. This article evaluates the point at which a judge’s use of AI tools begins to undermine the public’s trust in the administration of justice. It argues that the answer to this question depends on whether the AI tool is in a role in which it must perform a moral evaluation of a human being.

Keywords: artificial intelligence, judicial reasoning, morality, technology, algorithm

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Authors: Alexander P. Eremeev, Ivan E. Kurilenko, Pavel R. Varshavskiy

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In this paper, the problem of the application of temporal reasoning and case-based reasoning in intelligent decision support systems is considered. The method of case-based reasoning with temporal dependences for the solution of problems of real-time diagnostics and forecasting in intelligent decision support systems is described. This paper demonstrates how the temporal case-based reasoning system can be used in intelligent decision support systems of the car access control. This work was supported by RFBR.

Keywords: analogous reasoning, case-based reasoning, intelligent decision support systems, temporal reasoning

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Authors: Asem Bani Amer

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This study handles the linguistic fingerprint in judicial applications described in a law technicality that is recent and developing. It can be adopted to discover criminals by identifying their way of speaking and their special linguistic expressions. This is achieved by understanding the expression "linguistic fingerprint," its concept, and its extended domain, then revealing some of the linguistic fingerprint tools in Western judicial applications and deducing a technical imagination for a linguistic fingerprint in the Arabic language, which is needy for such judicial applications regarding this field, through dictionaries, language rhythm, and language structure.

Keywords: linguistic fingerprint, judicial, application, dictionary, picture, rhythm, structure

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Authors: Chandan Hegde, K. Ashwini

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Commonsense reasoning is the simulation of human ability to make decisions during the situations that we encounter every day. It has been several decades since the introduction of this subfield of artificial intelligence, but it has barely made some significant progress. The modern computing aids also have remained impotent in this regard due to the absence of a strong methodology towards commonsense reasoning development. Among several accountable reasons for the lack of progress, drawing inference out of commonsense knowledge-base stands out. This review paper emphasizes on a detailed analysis of representation of reasoning uncertainties and feasible prospects of programming aids for drawing inferences. Also, the difficulties in deducing and systematizing commonsense reasoning and the substantial progress made in reasoning that influences the study have been discussed. Additionally, the paper discusses the possible impacts of an effective inference technique in commonsense reasoning.

Keywords: artificial intelligence, commonsense reasoning, knowledge base, uncertainty in reasoning

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Authors: Sonia Anand Knowlton

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With the rise of artificial intelligence, computer science is becoming increasingly integrated in virtually every area of life. Of course, the law is no exception. Through argumentation frameworks (AFs), computer scientists have used abstract algebra to structure the legal reasoning process in a way that allows conclusions to be drawn from a formalized system of arguments. In AFs, arguments compete against each other for logical success and are related to one another through the binary operation of the attack. The prevailing arguments make up the preferred extension of the given argumentation framework, telling us what set of arguments must be accepted from a logical standpoint. There have been several developments of AFs since its original conception in the early 90’s in efforts to make them more aligned with the human reasoning process. Generally, these developments have sought to add nuance to the factors that influence the logical success of competing arguments (e.g., giving an argument more logical strength based on the underlying value it promotes). The most cogent development was that of the Extended Argumentation Framework (EAF), in which attacks can themselves be attacked by other arguments, and the promotion of different competing values can be formalized within the system. This article applies the logical structure of EAFs to current theoretical understandings of judicial reasoning to contribute to theories of judging and to the evolution of AFs simultaneously. The argument is that the main limitation of EAFs, when applied to judicial reasoning, is that they require judges to themselves assign values to different arguments and then lexically order these values to determine the given framework’s preferred extension. Drawing on John Rawls’ Theory of Justice, the examination that follows is whether values are lexical and commensurable to this extent. The analysis that follows then suggests a potential extension of the EAF system with an approach that formalizes different “planes of attack” for competing arguments that promote lexically ordered values. This article concludes with a summary of how these insights contribute to theories of judging and of legal reasoning more broadly, specifically in indeterminate cases where judges must turn to value-based approaches.

Keywords: computer science, mathematics, law, legal theory, judging

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Authors: Botirjon Kosimov

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This work sheds light on the reforms towards the independence of the judiciary in Uzbekistan, as well as issues of further ensuring judicial independence in the country based on international values, particularly the legal practice of the United States. In every democratic state infringed human rights are reinstated and violated laws are protected by the help of justice based on the strict principle of judicial independence. The realization of this principle in Uzbekistan has been paid much attention since the proclamation of its independence. In the country, a series of reforms have been implemented in the field of the judiciary in order to actualize the principle of judicial independence. Uzbekistan has been reforming the judiciary considering both international and national values and practice of foreign countries. While forming a democratic state based on civil society, Uzbekistan shares practice with the most developed countries in the world. The United States of America can be a clear example which is worth learning how to establish and ensure an independent judiciary. It seems that although Uzbekistan has reformed the judiciary efficiently, it should further reform considering the legal practice of the United States.

Keywords: dependent judges, independent judges, judicial independence, judicial reforms, judicial life tenure, obstacles to judicial independence

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Authors: David Glassmeyer

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Quantitative reasoning is necessary to robustly understand mathematical concepts ranging from elementary to university levels. Quantitative reasoning involves identifying and representing quantities and the relationships between these quantities. Without reasoning quantitatively, students often resort to memorizing formulas and procedures, which have negative impacts when they encounter mathematical topics in the future. This study investigated how high school students’ quantitative reasoning could be fostered within a unit on arc measure and angle relationships. Arc measure, or the measure of a central angle that cuts off a portion of a circle’s circumference, is often confused with arclength. In this study, the researcher redesigned an activity to clearly distinguish arc measure and arc length by using a quantitative reasoning framework. Data were collected from high school students to determine if this approach impacted their understanding of these concepts. Initial data indicates the approach was successful in supporting students’ quantitative reasoning of these topics. Implications for the work are that teachers themselves may also benefit from considering mathematical definitions from a quantitative reasoning framework and can use this activity in their own classrooms.

Keywords: arc length, arc measure, quantitative reasoning, student content knowledge

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Authors: Supratman Ahman Maedi

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The construction of knowledge is the goal of learning. The purpose of this research is to know how the role of Piaget theory in allegation via analogy reasoning. This study uses Think out loads when troubleshooting. To explore conjecturing via analogical reasoning is given the question of open analogy. The result: conjecture via analogical reasoning has been done by students in the construction of knowledge, in conjecture there are differences in thinking flow depending on the basic knowledge of the students, in the construction of knowledge occurs assimilation and accommodation problems, strategies and relationships.

Keywords: analogical reasoning, conjecturing, knowledge construction, Piaget's theory

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Authors: Abdul Salim Amin

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This paper focuses on how judiciaries in post-conflict society gain legitimacy through reformation. Legitimacy plays a pivotal role in shaping peoples’ behavior to submit to the law and verifies the rightfulness of an organ for taking binding decisions. Among various dynamics, judicial independence, access to justice and behavioral changes of the judicial officials broadly contribute in legitimation of judiciary in general, and the court in particular. Increasing the independence of judiciary through reform limits the interference of governmental branches in judicial issues and protects basic rights of the citizens. Judicial independence does not only matter in institutional terms, individual independence also influences the impartiality and integrity of judges, which can be increased through education and better administration of justice. Finally, access to justice as an intertwined concept both at the legal and moral spectrum of judicial reform avails justice to the citizen and increases the level of public trust and confidence. Efficient legal decisions on fostering such elements through holistic reform create a rule of law atmosphere. Citizens do not accept illegitimate judiciary and do not trust its decisions. Lack of such tolerance and confidence deters the rule of law and, thus, undermines the democratic development of a society.

Keywords: legitimacy, judicial reform, judicial independence, access to justice, legal training, informal justice, rule of law

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Authors: Rainner Roweder

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Theme: The present paper aims to analyze the specificity of the judicial evidence linked to the subjects of dignity and personality rights, otherwise known as moral rights, in the determination of the truth and formation of the judicial reasoning in cases concerning these areas. This research is about the way courts in Brazilian domestic law search for truth and handles evidence in cases involving moral rights that are abundant and important in Brazil. The main object of the paper is to analyze the effectiveness of the evidence in the formation of judicial conviction in matters related to morally controverted rights, based on the Brazilian, and as a comparison, the Latin American legal systems. In short, the rights of dignity and personality are moral. However, the evidential legal system expects a rational demonstration of moral rights that generate judicial conviction or persuasion. Moral, in turn, tends to be difficult or impossible to demonstrate in court, generating the problem considered in this paper, that is, the study of the moral demonstration problem as proof in court. In this sense, the more linked to moral, the more difficult to be demonstrated in court that right is, expanding the field of judicial discretion, generating legal uncertainty. More specifically, the new personality rights, such as gender, and their possibility of alteration, further amplify the problem being essentially an intimate manner, which does not exist in the objective, rational evidential system, as normally occurs in other categories, such as contracts. Therefore, evidencing this legal category in court, with the level of security required by the law, is a herculean task. It becomes virtually impossible to use the same evidentiary system when judging the rights researched here; therefore, it generates the need for a new design of the evidential task regarding the rights of the personality, a central effort of the present paper. Methodology: Concerning the methodology, the Method used in the Investigation phase was Inductive, with the use of the comparative law method; in the data treatment phase, the Inductive Method was also used. Doctrine, Legislative, and jurisprudential comparison was the technique research used. Results: In addition to the peculiar characteristics of personality rights that are not found in other rights, part of them are essentially linked to morale and are not objectively verifiable by design, and it is necessary to use specific argumentative theories for their secure confirmation, such as interdisciplinary support. The traditional pragmatic theory of proof, for having an obvious objective character, when applied in the rights linked to the morale, aggravates decisionism and generates legal insecurity, being necessary its reconstruction for morally charged cases, with the possible use of the “predictive theory” ( and predictive facts) through algorithms in data collection and treatment.

Keywords: moral rights, proof, pragmatic proof theory, insufficiency, Brazil

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Authors: Yenie Norambuena

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Analogical reasoning is a cognitive process that consists of structured comparisons of mental representations and scheme construction. Because of its heuristic function, it is ubiquitous in cognition and could play an important role in language development. The use of analogies is expressed early in children and this behavior is also reflected in language, suggesting a possible way to understand the complex links between thought and language. The current research examines factors of verbal and non-verbal reasoning that should be taken into consideration in the study of language development for their relations and predictive value. The study was conducted with 48 Chilean preschoolers (Spanish speakers) from 4 to 6-year-old. We assessed children’s verbal analogical reasoning, non-verbal analogical reasoning and linguistics skills (Listening Comprehension, Phonemic awareness, Alphabetic principle, Syllabification, Lexical repetition and Lexical decision). The results evidenced significant correlations between analogical reasoning factors and linguistic skills and they can predict linguistic performance mainly on oral comprehension, lexical decision and phonological skills. These findings suggest a fundamental interrelationship between analogical reasoning and linguistic performance on children’s and points to the need to consider this cognitive process in comprehensive theories of children's language development.

Keywords: verbal analogical reasoning, non-verbal analogical reasoning, linguistic skills, language development

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Authors: Olteanu Constanta, Olteanu Lucian

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Researchers note that algebraic reasoning and sense making is essential for building conceptual knowledge in school mathematics. Consequently, pre-service teachers’ own reasoning and sense making are useful in fostering and developing students’ algebraic reasoning and sense making. This article explores the forms of reasoning and sense making that pre-service mathematics teachers exhibit and use in the process of analysing problem-posing tasks with a focus on first-degree equations. Our research question concerns the characteristics of the problem-posing tasks used for reasoning and sense making of first-degree equations as well as the characteristics of pre-service teachers’ reasoning and sense making in problem-posing tasks. The analyses are grounded in a post-structuralist philosophical perspective and variation theory. Sixty-six pre-service primary teachers participated in the study. The results show that the characteristics of reasoning in problem-posing tasks and of pre-service teachers are selecting, exploring, reconfiguring, encoding, abstracting and connecting. The characteristics of sense making in problem-posing tasks and of pre-service teachers are recognition, relationships, profiling, comparing, laddering and verifying. Beside this, the connection between reasoning and sense making is rich in line of flight in problem-posing tasks, while the connection is rich in line of rupture for pre-service teachers.

Keywords: first-degree equations, problem posing, reasoning, rhizomatic assemblage, sense-making, variation theory

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Authors: Mikhail Zarechnev, Bora I. Kumova

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A syllogism is a deductive inference scheme used to derive a conclusion from a set of premises. In a categorical syllogisms, there are only two premises and every premise and conclusion is given in form of a quantified relationship between two objects. The different order of objects in premises give classification known as figures. We have shown that the ordered combinations of 3 generalized quantifiers with certain figure provide in total of 108 syllogistic moods which can be considered as different inference rules. The classical syllogistic system allows to model human thought and reasoning with syllogistic structures always attracted the attention of cognitive scientists. Since automated reasoning is considered as part of learning subsystem of AI agents, syllogistic system can be applied for this approach. Another application of syllogistic system is related to inference mechanisms on the Semantic Web applications. In this paper we proposed the mathematical model and algorithm for syllogistic reasoning. Also the model of iterative syllogistic reasoning in case of continuous flows of incoming data based on case–based reasoning and possible applications of proposed system were discussed.

Keywords: categorical syllogism, case-based reasoning, cognitive architecture, inference on the semantic web, syllogistic reasoning

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Authors: Ebenezer Joseph, Veena Easvaradoss, S. Sundar Manoharan, David Chandran, Sumathi Chandrasekaran, T. R. Uma

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Perceptual reasoning is the ability that incorporates fluid reasoning, spatial processing, and visual motor integration. Several theories of cognitive functioning emphasize the importance of fluid reasoning. The ability to manipulate abstractions and rules and to generalize is required for reasoning tasks. This study, funded by the Cognitive Science Research Initiative, Department of Science and Technology, Government of India, analyzed the effect of 1-year chess training on the perceptual reasoning of children. A pretest–posttest with control group design was used, with 43 (28 boys, 15 girls) children in the experimental group and 42 (26 boys, 16 girls) children in the control group. The sample was selected from children studying in two private schools from South India (grades 3 to 9), which included both the genders. The experimental group underwent weekly 1-hour chess training for 1 year. Perceptual reasoning was measured by three subtests of WISC-IV INDIA. Pre-equivalence of means was established. Further statistical analyses revealed that the experimental group had shown statistically significant improvement in perceptual reasoning compared to the control group. The present study clearly establishes a correlation between chess learning and perceptual reasoning. If perceptual reasoning can be enhanced in children, it could possibly result in the improvement of executive functions as well as the scholastic performance of the child.

Keywords: chess, cognition, intelligence, perceptual reasoning

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Authors: Linda Muswaka

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The Constitution of the Republic of South Africa, 1996 ranks the Constitution as the Supreme law of the Republic. Law or conduct, inconsistent with the provisions of the Constitution is invalid to the extent of the inconsistency. The Constitution binds all persons and legislative, executive and judicial organs of the State at all levels of government. The Constitution embodies a Bill of Rights and expressly allows for judicial review. The introduction of a chapter of rights requires the judiciary to examine the decisions of the legislature and the executive. In a situation where these conflicts with the Bill of Rights, the judiciary have the constitutional power to overrule such decisions. In exercising its adjudicatory and interpretative powers, the judiciary sometimes arrives at unpopular decisions and accusations of judicial overreach are made. A problem, therefore, emerges on the issue of the separation of powers and judicial review. This paper proposes to, through the South African perspective, investigate the application of the doctrine of separation of powers and judicial review. In this regard, the qualitative method of research will be employed. The reason is that it is best suited to this type of study which entails a critical analysis of legal issues. The following findings are made: (i) a complete separation of powers is not possible. This is because some overlapping of the functions of the three branches of state are unavoidable; (ii) the powers vested in the judiciary does not make it more powerful than the executive and the legislature; (iii) interference by the judiciary in matters concerning other branches is not automatically, judicial overreach; and (iv) if both the executive and legislative organs of government adhere to their constitutional obligations there would be a decrease in the need for judicial interference through court adjudication. The researcher concludes by submitting that the judiciary should not derogate from their constitutionally mandated function of judicial review. The rationale being that that if the values contained in the Constitution are not scrupulously observed and their precepts not carried out conscientiously, the result will be a constitutional crisis of great magnitude.

Keywords: constitution, judicial review, judicial overreach, separation of powers

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Authors: Li Qiang, Yang Ze-Ming, Liu Bao-Xu, Jiang Zheng-Wei

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With the increasing complexity of cyberspace security, the cyber-attack attribution has become an important challenge of the security protection systems. The difficult points of cyber-attack attribution were forced on the problems of huge data handling and key data missing. According to this situation, this paper presented a reasoning method of cyber-attack attribution based on threat intelligence. The method utilizes the intrusion kill chain model and Bayesian network to build attack chain and evidence chain of cyber-attack on threat intelligence platform through data calculation, analysis and reasoning. Then, we used a number of cyber-attack events which we have observed and analyzed to test the reasoning method and demo system, the result of testing indicates that the reasoning method can provide certain help in cyber-attack attribution.

Keywords: reasoning, Bayesian networks, cyber-attack attribution, Kill Chain, threat intelligence

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Authors: Marcin Michalak

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Biclustering is the way of two-dimensional data analysis. For several years it became possible to express such issue in terms of Boolean reasoning, for processing continuous, discrete and binary data. The mathematical backgrounds of such approach — proved ability of induction of exact and inclusion–maximal biclusters fulfilling assumed criteria — are strong advantages of the method. Unfortunately, the core of the method has quite high computational complexity. In the paper the basics of Boolean reasoning approach for biclustering are presented. In such context the problems of computation parallelization are risen.

Keywords: Boolean reasoning, biclustering, parallelization, prime implicant

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Authors: Mariam Shah

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This paper will examine the potential influence and role of unconscious cognition on judicial decision making. The theoretical underpinnings of this paper rest on phenomenological theory grounded predominantly in Schutzian phenomenology. Aspects of Husserlian and Gadamerian phenomenology will be included within the phenomenological framework put forward in this paper, in an attempt to provide a more complete and thorough account of how unconscious cognition can influence judicial decision making. This paper has far reaching implications, as the framework provides a foundation for unconscious cognitive factors which can work to influence decision making more generally.

Keywords: decision making, Gadamer, Gadamerian, Husserl, Husserlian, judicial decision making, phenomenology, Schutz, Schutzian

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Authors: G. A. Kuanaliyeva, G. T. Aigarinova, G. K. Shulanbekova

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This article is devoted to judicial control in criminal legal proceedings of the Republic of Kazakhstan in the light of the new Concept of legal policy till 2020. In article the general characteristic and concept of judicial control, and also its signs and types are considered. Different views of scientists are analyzed. Foreign experiment on application of judicial control is given. The author states also the point sight on this problem and gives the definition to concept of judicial control. The code of criminal procedure of the Republic of Kazakhstan (RK Criminal Procedure Code) doesn't consolidate concept of judicial control. The author in article suggests making change and addition to the existing Code of criminal procedure of the Republic of Kazakhstan by definition of judicial control. The decree of the President of the Republic of Kazakhstan of August 24, 2009 No. 858 approved the Concept of legal policy of the Republic for the period from 2010 to 2020. The new Concept of legal policy of the Republic of Kazakhstan, defines prospects of development of national legal system of the country on the following decade. The concept of legal policy completely mentions also institute of judicial control. Since finding of the independence by Kazakhstan the set of laws, including the rights directed on providing, freedoms and a legitimate interest of citizens was accepted. Certainly, in any country, whatever democratic it was, there are problems to human rights. However, it is obvious that Kazakhstan strongly intends to guarantee all Republic of Kazakhstan proclaimed in the Constitution the rights and freedoms of the citizens. Our country seeks for creation of the constitutional state, tries to provide a guarantee from various arbitrariness in activity of competent government bodies, officials. In the concept of legal policy of the Republic of Kazakhstan it is specified: "...priority of development of the criminal procedure right there is a further consecutive realization of the fundamental principles of the criminal legal proceedings directed on protection of the rights and freedoms of the person". Judicial control just also is such guarantee.

Keywords: rights and freedoms of the person, concept, legal policy, court, judicial control

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Authors: Shreeya Umashankar

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The Supreme Court of India has emerged as the most powerful organ of State and amongst the foremost constitutional courts in the world through the instrument of Public Interest Litigation (PIL), the exercise of writ jurisdiction and the expansive interpretation of fundamental rights guaranteed by the Constitution of India. Judicial activism impinging on every facet of governance has become the norm in recent times. This paper traces the evolution of judicial activism since Independence through pronouncements of the Supreme Court. It brings out distinct phases in this evolution– the initial phase of judicial restraint, the first phase of an activist judiciary where the Supreme Court primarily was concerned with protection of fundamental rights and humane treatment of citizens; the second phase where the Supreme Court took keen interest in preservation and protection of the environment; the third phase where the Supreme Court extended its reach into the socio-economic arena and the fourth phase when issues of transparency and probity in governance led to interventions by the Supreme Court. The paper illustrates through judgements of the Supreme Court that the instrument of the PIL and the exercise of writ jurisdiction by the Supreme Court go beyond the traditional postulates of judicial processes and political theory on separation of powers between the organs of State.

Keywords: fundamental rights, judicial activism, public interest litigation, Supreme Court of India

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Authors: Ramy Shaaban

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The purpose of this study was to examine the difference in clinical reasoning skills of students when using virtual audiology cases with and without collaborative assistance from major learning approaches important to clinical reasoning skills and computer-based learning models: Situated Learning Theory, Social Development Theory, Scaffolding, and Collaborative Learning. A quasi-experimental design was conducted at two United States universities to examine whether there is a significant difference in clinical reasoning skills between three treatment groups using IUP Audiosim software. Two computer-based audiology case simulations were developed, and participants were randomly placed into the three groups: no collaboration, virtual collaboration, and live collaboration. The clinical reasoning data were analyzed using One-Way ANOVA and Tukey posthoc analyses. The results show that there was a significant difference in clinical reasoning skills between the three treatment groups. The score obtained by the no collaboration group was significantly less than the scores obtained by the virtual and live collaboration groups. Collaboration, whether virtual or in person, has a positive effect on students’ clinical reasoning. These results with audiology students indicate that combining collaboration models with scaffolding and embedding situated learning and social development theories into the design of future virtual patients has the potential to improve students’ clinical reasoning skills.

Keywords: clinical reasoning, virtual patients, collaborative learning, scaffolding

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Authors: Cory A. Bennett

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Teaching and learning through the use of discourse support students’ conceptual understanding by attending to key concepts and relationships. One discourse structure used in primary classrooms is number talks wherein students mentally calculate, discuss, and reason about the appropriateness and efficiency of their strategies. In the secondary mathematics classroom, the mathematics understudy does not often lend itself to mental calculations yet learning to reason, and articulate reasoning, is central to learning mathematics. This qualitative case study discusses how one secondary school in the Middle East adapted the number talk protocol for secondary mathematics classrooms. Several challenges in implementing ‘reasoning talks’ became apparent including shifting current discourse protocols and practices to a more student-centric model, accurately recording and probing student thinking, and specifically attending to reasoning rather than computations.

Keywords: discourse, reasoning, secondary mathematics, teacher development

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Authors: Mariam Shah

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Stereotypes are not generally considered to be an acceptable influence upon any decision making process, particularly those involving judicial decision making outcomes. Yet, we are confronted with an uncomfortable truth that stereotypes may be operating to influence judicial outcomes. Variances in sentencing outcomes are not easily explained away by criminological, psychological, or sociological theorem, but may be answered via qualitative research produced within the field of phenomenology. This paper will examine the current literature pertaining to the effect of stereotypes on the criminal justice system within the UK, and will also discuss what the implications are for stereotypical influences upon decision making in the criminal justice system. This paper will give particular focus to shoplifting offences dealt with in UK criminal courts, but this research has long reaching implications for the criminal process more generally.

Keywords: decision making, judicial decision making, phenomenology, shoplifting, stereotypes

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Authors: Ayşegül Çabuk, Mine Işıksal

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Mathematics is a sense-making activity so that it requires meaningful learning. Hence based on this idea, meaningful mathematical connections are necessary to learn mathematics. At that point, the major question has become that which educational methods can provide opportunities to provide mathematical connections and to understand mathematics. The amalgam of reasoning and proof can be the one of the methods that creates opportunities to learn mathematics in a meaningful way. However, even if reasoning and proof should be included from prekindergarten to grade 12, studies in literature generally include secondary school students and pre-service mathematics teachers. With the light of the idea that the amalgam of reasoning and proof has significant effect on middle school students' mathematical learning, this study aims to investigate middle grade students' tendencies while reasoning the correctness of statements related to numbers. The sample included 272 middle grade students, specifically 69 of them were sixth grade students (25.4%), 101 of them were seventh grade students (37.1%) and 102 of them were eighth grade students (37.5%). Data was gathered through an achievement test including 2 essay types of problems about algebra. The answers of two items were analyzed both quantitatively and qualitatively in terms of students' solutions strategies while reasoning the correctness of the statements. Similar on the findings in the literature, most of the students, in all grade levels, used numerical examples to judge the statements. Moreover the results also showed that the majority of these students appear to believe that providing one or more selected examples is sufficient to show the correctness of the statement. Hence based on the findings of the study, even students in earlier ages have proving and reasoning abilities their reasoning's generally based on the empirical evidences. Therefore, it is suggested that examples and example-based reasoning can be a fundamental role on to generate systematical reasoning and proof insight in earlier ages.

Keywords: reasoning, mathematics learning, middle grade students

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Authors: Jamie A. Prowse Turner, Jamie I. D. Campbell, Valerie A. Thompson

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The objective of the current research was to use a dual-process theory framework to explain these age-related differences in reasoning. Seventy-two older (M = 80.0 years) and 72 younger (M = 24.6 years) adults were given a variety of reasoning tests (i.e., a syllogistic task, base rate task, the Cognitive Reflection Test, and a perspective manipulation), as well as independent tests of capacity (working memory, processing speed, and inhibition), thinking styles, and metacognitive ability, to account for these age-related differences. It was revealed that age-related differences were limited to problems that required Type 2 processing and were related to differences in cognitive capacity, individual difference factors, and strategy choice. Furthermore, older adults’ performance can be improved by reasoning from another’s’ perspective and cannot, at this time, be explained by metacognitive differences between young and older adults. All of these findings fit well within a dual-process theory of reasoning, which provides an integrative framework accounting for previous findings and the findings presented in the current manuscript.

Keywords: aging, dual-process theory, performance, reasoning ability

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Authors: Jacquelyn Burkell, Jane Bailey

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Artificial intelligence (AI) solutions deployed within the justice system face the critical task of providing acceptable explanations for decisions or actions. These explanations must satisfy the joint criteria of public and professional accountability, taking into account the perspectives and requirements of multiple stakeholders, including judges, lawyers, parties, witnesses, and the general public. This research project analyzes and integrates two existing literature on explanations in order to propose guidelines for explainable AI in the justice system. Specifically, we review three bodies of literature: (i) explanations of the purpose and function of 'explainable AI'; (ii) the relevant case law, judicial commentary and legal literature focused on the form and function of reasons for judicial decisions; and (iii) the literature focused on the psychological and sociological functions of these reasons for judicial decisions from the perspective of the public. Our research suggests that while judicial ‘reasons’ (arguably accurate descriptions of the decision-making process and factors) do serve similar explanatory functions as those identified in the literature on 'explainable AI', they also serve an important ‘justification’ function (post hoc constructions that justify the decision that was reached). Further, members of the public are also looking for both justification and explanation in reasons for judicial decisions, and that the absence of either feature is likely to contribute to diminished public confidence in the legal system. Therefore, artificially automated judicial decision-making systems that simply attempt to document the process of decision-making are unlikely in many cases to be useful to and accepted within the justice system. Instead, these systems should focus on the post-hoc articulation of principles and precedents that support the decision or action, especially in cases where legal subjects’ fundamental rights and liberties are at stake.

Keywords: explainable AI, judicial reasons, public accountability, explanation, justification

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Authors: Nataša Šimić, Ljiljana Gregov, Matilda Nikolić, Andrea Tokić, Ana Proroković

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Moral development takes place in six phases which can be divided in a pre-conventional, conventional and post-conventional level. Moral reasoning, as a key concept of moral development theories, involves a process of discernment/inference in doubtful situations. In research to date, education has proved to be a significant predictor of moral reasoning. The aim of this study was to investigate differences in moral reasoning and Kohlberg's phases of moral development between Croatian adolescents with different levels of education. In Study 1 comparisons between the group of secondary school students aged 17-18 (N=192) and the group of university students aged 21-25 (N=383) were made. Study 2 included comparison between university students group (N=69) and non-students group (N=43) aged from 21 to 24 (these two groups did not differ in age). In both studies, the Croatian Test of Moral Reasoning by Proroković was applied. As a measure of moral reasoning, the Index of Moral Reasoning (IMR) was calculated. This measure has some advantages compared to other measures of moral reasoning, and includes individual assessments of deviations from the ‘optimal profile’. Results of the Study 1 did not show differences in the IMR between secondary school students and university students. Both groups gave higher assessments to the arguments that correspond to higher phases of moral development. However, group differences were found for pre-conventional and conventional phases. As expected, secondary school students gave significantly higher assessments to the arguments that correspond to lower phases of moral development. Results of the Study 2 showed that university students, in relation to non-students, have higher IMR. Respecting to phases of moral development, both groups of participants gave higher assessments to the arguments that correspond to the post-conventional phase. Consistent with expectations and previous findings, results of both studies did not confirm gender differences in moral reasoning.

Keywords: education, index of moral reasoning, Kohlberg's theory of moral development, moral reasoning

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Authors: Yang Cui, Yong Qiang Chen

Abstract:

An appropriate project delivery system (PDS) is crucial to the success of a construction project. Case-based reasoning (CBR) is a useful support for PDS selection. However, the traditional CBR approach represents cases as attribute-value vectors without taking relations among attributes into consideration, and could not calculate the similarity when the structures of cases are not strictly same. Therefore, this paper solves this problem by adopting the relational case-based reasoning (RCBR) approach for PDS selection, considering both the structural similarity and feature similarity. To develop the feature terms of the construction projects, the criteria and factors governing PDS selection process are first identified. Then, feature terms for the construction projects are developed. Finally, the mechanism of similarity calculation and a case study indicate how RCBR works for PDS selection. The adoption of RCBR in PDS selection expands the scope of application of traditional CBR method and improves the accuracy of the PDS selection system.

Keywords: relational cased-based reasoning, case-based reasoning, project delivery system, PDS selection

Procedia PDF Downloads 393

Authors: Mariam Shah

Abstract:

Strict liability is frequently used in magistrate’s courts for TV license and driving offences.There is existing research suggesting that the strict liability approach to criminal offences can result in ‘absurd’ judicial outcomes, or potentially ‘injustice’.This paper will discuss the potential merits of strict liability as a method for dealing with shoplifting offences.Currently, there is disparity in sentencing outcomes in the UK, particularly in relation to shoplifting offences.This paper will question whether ‘injustice’ is actually in the differentiation of defendants based upon their ‘perceived’ circumstances, which could be resulting in arbitrary judicial decision making.

Keywords: arbitrary, decision making, judicial decision making, shoplifting, stereotypes, strict liability

Procedia PDF Downloads 284