Building Decision Support Systems in Discretionary Legal Domains

Abstract

The construction of intelligent legal decision support systems in discretionary domains will enhance consistent decision-making leading to increased confidence in the justice system and provide support for alternative dispute resolution. To build such intelligent decision support systems, we classify discretionary legal domains into four (not necessarily distinct) categories. Domains in which the number of outputs is limited are shown to involve the exercise of the strongest form of discretion. We illustrate these findings through four examples of discretionary legal domains-property division following divorce, the sentencing of criminals, refugee law and the welfare of children following divorce. We also discuss how to evaluate discretionary systems and the benefits of building discretionary systems.