The preamble to the Ontario Human Rights Code, adapted to the Universal Declaration of Human Rights, also reflects societal values of human rights and equality. To this end, four key principles emerge from the preamble: secondary sources such as legal journals and textbooks provide commentary compiled by experienced lawyers and journalists, familiarizing the reader with the applicable law, the correct methods of its application and the debates about it. Lawyers use legal journals to simplify research by leveraging “the expertise of lawyers and journalists who closely follow legal issues” (Someren 2014). In common law jurisdictions, lawyers treat existing (previous) decisions as a source of law. Case citations, references to precedents, are an important argumentation tool that allows lawyers to formulate and present their arguments convincingly. This practice goes back to the doctrine of stare decisis, which can be translated from Latin as “stand by the tran decided cases”, footnote 1 where a case under consideration, the facts of which are sufficiently similar to the previous ones, should receive decisions similar to the previous ones. A lawyer attempts to establish the relevant law in this case; To that end, it must consult the precedents to determine which legal principles have been applied to factual models similar to the present case in order to rule on the precedent. Quotations from existing case law are used to illustrate the legal principles and facts that define the conditions for the application of the legal principles in this case. The methods used in such studies are often based on the extraction and further analysis of the linguistic information available in the text. One of the relatively new examples of argumentation extraction methodology may be argumentation zoning.

This approach is based on the assumption that the argumentation structure can be represented as a combination of rhetorical areas that are used to group statements according to their rhetorical role. This approach was first used for scientific reports (Teufel et al. 1999, 2009). Hachey and Grover (2006) used argumentation zoning to create summaries for common law reports. Note that argumentative zoning, both for science (Teufel et al. 1999) and for law (Hachey and Grover 2006), is very much aimed at capturing the reasoning of the author of this article or judgment. All sentences summarizing previous work or judgments are commented on in a single category (OTHER (Teufel et al. 1999) or PROCEEDINGS (Hachey and Grover 2006). Our work differs in that we aim to look for facts and principles in descriptions of previous judgments. With regard to the methodology of automatic classification of sentences, both studies rely on manually constructed language knowledge bases (e.g. B a categorization of indicative expressions used in science and regular expressions for their matching (Teufel et al., 1999) or on named entity tools specially developed to identify judges, complainants, respondents, etc.

(Hachey and Grover, 2006), and to report acceptable results for most categories, with some categories performing better than others. We do not rely on such manually developed resources and we limit ourselves to the linguistic characteristics derived from the sentences themselves. However, we closely follow these studies in the methodology used to manually comment on our corpus and report the correspondence between annotators. Second, epistemic and deontic modal qualifiers that use modal verbs are common in sentences that contain legal principles, for example: Moens MF, Boiy E, Palau RM, Reed C (2007) Automatic recognition of arguments in legal texts. In: Proceedings of the 11th International Conference on Artificial Intelligence and Law. ACM, pp. 225-230 [57]Reference on same-sex marriage, 2004 SCC 79, at para. 46. In S.L.c.

Commission scolaire des Chênes, 2012 SCC 7, the Supreme Court of Canada dismissed a challenge under section 2(a) of the Canadian Charter of Parents` Rights and Freedoms, which held that a mandatory course on ethics and religion would impair their ability to transmit their Catholic faith to their children. The court concluded that a person must prove by objective evidence that there is an interference with a religious right. While the parents sincerely believed that they were obliged to pass on the commandments of their religion to their children, they did not objectively prove that their ability to do so had been impaired. The Supreme Court also found that exposing children to views different from those taught to them by their families does not in itself violate religious rights (para. 40). A consistent principle in case law is that no legal claim is absolute, but is inherently limited by the rights and freedoms of others. [23] In R.c. Mills, Supreme Court of Canada Justice McLachlin (as she was at the time) and Supreme Court of Canada Justice Iacobucci said, “It is expected that automated citation analysis can improve the compilation and use of tertiary sources, which are an essential tool for lawyers. We develop this point in the context of legal research. Although tremor stones are an essential part of legal research, there are problems with current practice. It is expected that automated citation analysis can improve the compilation and use of tertiary sources.

[47] The term “balancing” has been used in a number of court decisions concerning competing rights: see, for example. B Ross, loc. cit., note 12, para. 73 and 74. Tertiary sources are legal compendiums and criteria that provide systematic collections of information on case law. Given the discussion on the complexity of jurisprudential views on legal principles, we have adopted a operationalized vision based on the analysis of a lawyer and key linguistic indicators. A nine-page annotation manual was created to define each category and provide examples and counter-examples for difficult cases. The most important points are summarized here.

Gerken J (2016) The invention of legal research. William S. Hein and Co., Getzville Plug J (2000) Indicators of obiter dicta. A pragma-dialectical analysis of textual clues for the reconstruction of legal argumentation. Artif Intell Law 8(2–3):189–203 Shulayeva, O., Siddharthan, A. & Wyner, A. Recognition of the facts and principles cited in court decisions. Artif Intell Law 25, 107-126 (2017).

doi.org/10.1007/s10506-017-9197-6 The manual annotation study focused on annotating the reference corpus and evaluating the annotation methodology to confirm that the defined categories can be reliably distinguished from human annotators based on written guidelines. This reference corpus is then used for the machine annotation study in section 5. Two annotators were used for the manual annotation tuning: Annotator 1 and Annotator 2. Annotator 1 has legal training and Annotator 2 does not. All manual annotations were performed in GATEFootnote 3, a widely used text analysis tool. There have been cases where an individual`s objections to what they consider a violation of their rights have not been successful because their views are not consistent with society`s underlying values of human rights and equality. Policymakers should apply a contextual analysis that takes into account constitutional values and societal interests, including women`s equality, negative stereotypes about minorities, access to justice and public confidence in the justice system. [50] First of all, it should be noted that the improvement of the means of storing information has led to an overload of information. The growing legal knowledge base makes it increasingly difficult for publishers to process and organize information, as well as for researchers to make full use of available data. For example, Mart (2013), who investigated the effectiveness of legal research conducted with electronic tremors, took the case of Regent v. Bakke and tried to generate citation data for it. As Mart reported, there were 6697 citations of references in shepard`s Citations and 1082 case citations for Regents v Bakke.

In KeyCite (WestLaw), Bakke had 8882 citation references and 1031 case citations. Mart concluded that it would be difficult for a human researcher to take full advantage of such an amount of unfiltered data. In addition, there is a remarkable and inexplicable difference in the number of results returned. Elliott and Quinn (2013) also point to the fact that an increasing number of available citations lead to information overload, citing R v Erskine, where the Court stressed the need to cite only cases that establish the legal principle, while authorities used solely for illustrative purposes should be avoided. It is important to note that the flood of information can also affect the quality of the analyses offered by the people who read the reports and compile case processing summaries. Despite considerable progress in the management and retrieval of information, it is assumed that the compilation of electronic citators still depends on the human analysis of jurisprudence. .

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