How to Adjudicate"Similar Cases"in the Era of Intelligent Justice:An Analysis Based on the Schemes of Analogical Argumentation
The key to uniform judgments in similar cases lies in the assessment of similarity,which requires the use of analogical argumentation.By employing analytical schemes for argumentation,similarity assessment can be decomposed into quantitative similarity,relevant similarity,and determinative similarity,corresponding to critical questions of"where similarity lies""what kind of similarity it is"and"why it is similar"respectively.Artificial intelligence technologies can precisely express the similarity of cases through quantitative calculations,thus achieving intelligent recommendations for similar cases to a certain extent Whether in the judgment of relevant similarity or determinative similarity,judicial value judgments are necessary to reach a conclusion.In this regard,legal artificial intelligence transforms value judgments into empirical judgments,offering limited guidance for judges'analogical judgments.However,it cannot replace the substantive standards for selecting analogical judgments by judges.Therefore,while case systems serve as intelligent tools,aiding judges in analogical judgments,they have clear limitations and cannot eliminate reasonable differences in judgments.
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