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Legal Sentiment Analysis and Opinion Mining (LSAOM): Assimilating Advances in Autonomous AI Legal Reasoning

Dr. Lance B. Eliot Chief AI Scientist, Techbruim; Fellow, CodeX: Stanford Center for Legal Stanford, California, USA

Abstract 1 Background on Legal Sentiment Analysis An expanding field of substantive interest for the and Opinion Mining theory of the and the practice-of-law entails Legal Sentiment Analysis and Opinion Mining (LSAOM), In Section 1 of this paper, the literature on Legal consisting of two often intertwined phenomena and Sentiment Analysis and Opinion Mining (LSAOM) is actions underlying legal discussions and narratives: (1) introduced and addressed. Doing so establishes the Sentiment Analysis (SA) for the detection of expressed groundwork for the subsequent sections. Section 2 or implied sentiment about a legal matter within the introduces the Levels of Autonomy (LoA) of AI Legal context of a legal milieu, and (2) Opinion Mining Reasoning (AILR), which is instrumental in the (OM) for the identification and illumination of explicit discussions undertaken in Section 3. Section 3 or implicit opinion accompaniments immersed within provides an indication of the field of Legal Sentiment legal discourse. Efforts to undertake LSAOM have Analysis and Opinion Mining as applied to the LoA historically been performed by human hand and AILR, along with other vital facets. Section 4 provides cognition, and only thinly aided in more recent times various additional research implications and by the use of computer-based approaches. Advances in anticipated impacts upon salient practice-of-law Artificial (AI) involving especially considerations. Natural Language Processing (NLP) and Machine (ML) are increasingly bolstering how This paper then consists of these four sections: automation can systematically perform either or both • Section 1: Background on Legal Sentiment of Sentiment Analysis and Opinion Mining, all of Analysis and Opinion Mining which is being inexorably carried over into • Section 2: Levels of Autonomy (LOA) of engagement within a legal context for improving AI Legal Reasoning (AILR) LSAOM capabilities. This research paper examines the evolving infusion of AI into Legal Sentiment • Section 3: LSAOM and LoA AILR Analysis and Opinion Mining and proposes an • Section 4: Additional Considerations and alignment with the Levels of Autonomy (LoA) of AI Future Research Legal Reasoning (AILR), plus provides additional insights regarding AI LSAOM in its mechanizations 1.1 Overview of Legal Sentiment Analysis and and potential impact to the study of law and the Opinion Mining practicing of law. An expanding field of substantive interest for the theory of the law and the practice-of-law entails Legal Keywords: AI, , autonomy, Sentiment Analysis and Opinion Mining (LSAOM), autonomous levels, legal reasoning, law, , practice of law, sentiment analysis, opinion mining based to a great extent on research and studies of judicial behaviors such as those of jurors, and likewise the expressions of judges [48] [53] [77] [82].

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Legal Sentiment Analysis and Opinion Mining can be opinion that is being expressed. Also, in the case of applied to essentially any legal-related actors involved OM, there is often a keen interest in determining in the legal process and does not need to be limited to whether the expressed opinion appears to be fact-based judges or jurors, being able to encompass other or might be construed as non-factually based (this is participants such as lawyers, paralegals, expert further elucidated in Section 3). witnesses, and the like [17] [41] [75] [79]. 1.2 Separability of Legal SA and Legal OM Generically, Sentiment Analysis (SA) is a discipline that brings together a mixture of linguistics, human In this paper, Legal Sentiment Analysis and Legal and social behaviors, psychology, , Opinion Mining are considered as separate and distinct and other fields to try and ascertain the sentiment from each other, as they are construed to be expressed during some discourse. As stated by Babu independent constructs, able to operate, or be utilized and Rawther [5]: “Sentiment Analysis is the process of of each upon their own accord. analyzing the sentiments and emotions of various people in various situations.” Imagine for discussion sake the extreme, whereby Legal Sentiment Analysis solely focuses on the Legal Sentiment Analysis is SA that has been emotional or feelings characterizations, while Legal particularly tuned or customized to legal discourse and Opinion Mining focuses solely on the identification of the legal realm. opinions. This is certainly viable and productive. Both though are admittedly and intentionally apt to be used More formally: in conjunction, at the same time and potentially each informing the other, in order to do a more substantive Legal Sentiment Analysis entails the detection of job of their respective tasks. An opinion might very expressed or implied sentiment about a legal matter well be wrapped within an aura of emotion and within the context of a legal milieu. feelings. And, alternatively, emotion or feelings might be emoted via the expression of an opinion. There is a Another area of involves Opinion Mining type of duality that can readily and often frequently (OM), which is also a generic form of analysis that can arises between undertaking a Sentiment Analysis and be applied to a legal-specific context. Per the work of that of an Opinion Mining effort. Hemmation and Sohrabi [45]: “Opinion mining is considered as a subfield of natural language But this does not render them inseparable and nor processing, retrieval, and text mining. distinctly undistinguishable of each other. Opinion mining is the process of extracting human thoughts and from unstructured texts.” The to provide such an emphasis on this matter of being either one-and-the-same or being separable is Legal Opinion Mining is OM that has been due to the conventional manner in which SA and OM particularly tuned or customized to legal discourse and are treated in (especially) the AI literature. For the legal realm. example, as stated in [38]: “Sentiment analysis, also known as opinion mining (OM), is defined as figuring More formally: out the public attitude of individuals toward distinct topics and news.” Note that SA and OM are portrayed Legal Opinion Mining (OM) entails the as synonymous rather than as differing. identification and illumination of explicit or implicit opinion accompaniments immersed within legal Another example of this commingling includes this discourse. indication in [63]: “Sentiment analysis and opinion mining is an area that has experienced considerable Likened somewhat to reading the tea leaves, as it were, growth over the last decade. This area of research the use of Sentiment Analysis in a legal context can attempts to determine the feelings, opinions, emotions, aid in gauging the attitudes and feelings of those among other things, of people on something or involved in legal discourse. Likewise, Opinion Mining someone. To do this, natural language techniques and can be useful in attempting to discern the nature of an machine learning are used.” In this

2 example, the two are not as explicitly declared as subsequently “Old Drum” owned by Charles Burden synonymous, and instead are treated as though came onto the farm, and the dog was shot to death by effectively they are the same, albeit also proffering Hornsby. There seems to be little dispute over these that they are perhaps named differently. facts of the case. Burden sued Hornsby for $150 in damages as to the killing of “Old Drum” (this was the The usage here, in this paper, for clarification, assumes maximum monetary penalty allowed by local law at that (at least) Legal Sentiment Analysis and the the time). reference to Legal Opinion Mining are each distinctive of each other, and though they are oftentimes joined at During the trial, Vest boastfully vowed outside of the hip, as it were, they are nonetheless still each a court that he would “win the case or apologize to separate form of analysis and have different results or every dog in Missouri,” and did indeed ultimately aims of what they seek to produce. The emphasis on prevail, though the jury awarded just $50 rather than the legal incarnations of SA and OM allows, perhaps, the sought for $150. The case was subsequently for the generic SA and generic OM to be considered as appealed and eventually landed at the Missouri merged or inextricably intertwined (as per the Supreme Court, where Vest also prevailed. dominance in the AI literature thereof). Over time, the case and Vest became rather famous for One other related facet that partially explains why SA his closing argument in the original trial, gaining fame and OM are so closely coupled in the AI literature is not especially due to his handling of the case per se but due to the incorporation of in-common AI techniques because of his closing remarks. The renown of the and technologies. In that sense, since the underlying closing argument is known for explicitly not having architecture or technological ecosystem is of the same made any reference to the case specifics, nor citing ilk, it is easiest to then blend together that SA and OM any testimony or evidence presented and served are the same. The view here is that despite the seemingly wholly as a eulogy or tribute about the possibility of the alike system underpinnings, they are deceased dog (which, for purposes herein in this paper, still separable. showcase the potential significance of the use of sentiment, and the use of opinion, respectively). 1.3 Legal SA and Legal OM: Notable Exemplar The homage has become famously known as the As a vivid and classic demonstration of the use of Tribute to a Dog. sentiment and opinion in a legal context, many American attorneys are likely aware of the famous Here is the closing argument made by Vest (source: Tribute to a Dog, a matter that arose in a court case https://www.historyplace.com/speeches/vest.htm): from the U.S. courts in the 1870s that is often taught or cited in law schools even still today. This is “The best friend a man has in the world may turn worthwhile to briefly explore herein, showcasing how against him and become his enemy. His son or sentiment and opinion are at times employed in a legal daughter that he has reared with loving care may prove context. ungrateful. Those who are nearest and dearest to us, those whom we trust with our happiness and our good Here are the particulars of the Tribute to a Dog matter. name may become traitors to their faith. The money that a man has, he may lose. It flies away from him, In the case of Burden v. Hornsby, a case tried in Pettis perhaps when he needs it most. A man's reputation County of Missouri on September 23, 1870, attorney may be sacrificed in a moment of ill-considered action. George Graham Vest represented Charles Burden in a The people who are prone to fall on their knees to do case against a sheep farmer named Leonidas Hornsby, us honor when success is with us, may be the first to accused of killing “Old Drum,” a local hunting dog throw the stone of malice when failure settles its cloud owned by Burden, the dog having been killed on upon our heads.” October 18, 1869 while on Hornsby’s farm. “The one absolutely unselfish friend that man can have Purportedly, Hornsby had beforehand vowed to kill in this selfish world, the one that never deserts him, any dog that wandered onto his farm, which the one that never proves ungrateful or treacherous is

3 his dog. A man's dog stands by him in prosperity and computers can be used to do wordcounts and attempt in poverty, in health and in sickness. He will sleep on to ascertain embedded sentiments and opinions, while the cold ground, where the wintry winds blow and the more complex approaches make use of statistical snow drives fiercely, if only he may be near his models. Besides analyzing the written word, voice master's side. He will kiss the hand that has no food to detection and translation software can also be used, offer. He will lick the wounds and sores that come in along with the use of facial images captured by encounters with the roughness of the world. He guards cameras and the analysis of the video. the sleep of his pauper master as if he were a prince. When all other friends desert, he remains. When riches Advances in Artificial Intelligence (AI) involving take wings, and reputation falls to pieces, he is as especially Natural Language Processing (NLP) and constant in his love as the sun in its journey through Machine Learning (ML) are increasingly bolstering the heavens.” how automation can systematically perform either or both of Sentiment Analysis and Opinion Mining, all of “If fortune drives the master forth, an outcast in the which is being inexorably carried over into world, friendless and homeless, the faithful dog asks engagement within a legal context for improving no higher privilege than that of accompanying him, to LSAOM capabilities. guard him against danger, to fight against his enemies. And when the last scene of all comes, and death takes For example, Wyner and Moens [82] make use of a his master in its embrace and his body is laid away in specialized context-free grammar technique to employ the cold ground, no matter if all other friends pursue NLP for the LSAOM of legal cases: “This paper their way, there by the graveside will the noble dog be describes recent approaches using text-mining to found, his head between his paws, his eyes sad, but automatically profile and extract arguments from legal open in alert watchfulness, faithful and true even in cases. We outline some of the background context and death.” motivations. We then turn to consider issues related to the construction and composition of corpora of legal This closing argument has been used as a case study in cases. We show how a Context-Free Grammar can be the use of legal rhetoric and its impact, for which the used to extract arguments, and how ontologies and layers of sentiment and opinion are readily detectible. Natural Language Processing can identify complex information such as case factors and participant roles. 1.4 Computer-based Aided LSAOM Together the results bring us closer to automatic identification of legal arguments.” Efforts to undertake Legal Sentiment Analysis and Legal Opinion Mining have historically been In the work by Liu and Chen [55], a two-phased performed by humans, doing so upon inspecting or approach of feature extraction from precedents is used observing fellow humans, including their real-time to classify judgments per Sentiment Analysis and behavior, their recorded behavior via video or audio Opinion Mining: “Factual scenario analysis of a recordings, and their written words via printed or judgment is critical to judges during sentencing. With online narratives. An attorney for example might study the increasing number of legal cases, professionals the efforts of their opponent at trial to try and discern typically endure heavy workloads on a daily basis. how they are using opinion or sentiment, potentially Although a few previous studies have applied countering or objecting at an advantageous to legal cases, according to our opportunity to do so, or detected to then seek to deflate research, no prior studies have predicted a pending the efforts of the opposing counsel. Experts at social judgment using legal documents. In this article, we psychology might be employed to examine jurors or introduce an innovative solution to predict relevant judges and seek to interpret their sentiments and rulings. The proposed approach employs text mining opinions. methods to extract features from precedents and applies a text classifier to automatically classify Upon the advent of computers, attempts to make use judgments according to sentiment analysis. This of computational methods to conduct Legal SA and approach can assist legal experts or litigants in Legal OM have been thinly aided by the use of predicting possible judgments. Experimental results computer-based approaches. Simplistic uses of

4 from a judgment data set reveal that our approach is a prediction (TPP) [54]: “Applying text satisfactory method for judgment classification.” mining techniques to legal issues has been an emerging research topic in recent years. Although a The gradual advent of legal e-Discovery has also few previous studies focused on assisting professionals further spurred progress in LSAOM, including as in the retrieval of related legal documents, to our described in this work by Joshi and Deshpande [51]: knowledge, no previous studies could provide relevant “e-Discovery Review is a type of legal service that statutes to the general public using problem aims at finding relevant electronically stored statements. In this work, we design a text mining information (ESI) in a legal case. This requires manual based method, the three-phase prediction (TPP) reviewing of large number of documents by legal algorithm, which allows the general public to use analysts, thus involving huge costs. In this paper, we everyday vocabulary to describe their problems and investigate the use of IT, specifically text mining find pertinent statutes for their cases. The experimental techniques, for improving the efficiency and quality of results indicate that our approach can help the general the e-discovery review service. We employ near public, who are not familiar with professional legal duplicate detection and automatic classification terms, to acquire relevant statutes more accurately and techniques that can be used to create coherent groups effectively.” of documents.” Again, as a gentle reminder, realize that as pointed out Machine Learning advances and the utilization of in Subsection 1.2., within the AI field, generic SA and Deep Learning via large-scale Artificial Neural generic OM are typically treated as one and the same, Networks (ANN) has also sparked LSAOM, such as in the sense that there is no distinction made between this research involving the analysis of legal judgments that which is sentiment and that which is opinion. for criminal cases [18]: “Text mining has become an They are oftentimes construed as synonymous and effective tool for analyzing text documents in interchangeably used in the AI literature. It is argued automated ways. Conceptually, clustering, herein that within the field of law, there is a bona fide classification and searching of legal documents to case to be made to consider SA and OM to be distinct identify patterns in law corpora are of key interest in their scope, nature, and focus. Thus, Legal since it aids law experts and police officers in their Sentiment Analysis is construed herein as per the analyses. In this paper, we develop a document definition given earlier in this subsection, and Legal classification, clustering and search methodology Opinion Mining is construed herein as per the based on neural network technology that helps law definition given earlier in this subsection. enforcement department to manage criminal written judgments more efficiently. In order to maintain a Beyond a legal context, Sentiment Analysis and manageable number of independent Chinese Opinion Mining have advanced due to interest in keywords, we use term extraction scheme to select analyzing visual social media, going beyond the top-n keywords with the highest frequency as inputs of written word to examine visual content too [85]: the Back-Propagation Network (BPN), and select “Social media sentiment analysis (also known as seven criminal categories as target outputs of it. opinion mining) which aims to extract people’s Related legal documents are automatically trained and opinions, attitudes and emotions from social networks tested by pre-trained neural network models. In has become a research hotspot. Conventional addition, we use Self Organizing Map (SOM) method sentiment analysis concentrates primarily on the to cluster criminal written judgments. The research textual content. However, multimedia sentiment shows that automatic classification and clustering analysis has begun to receive attention since visual modules classify and cluster legal documents with a content such as images and videos is becoming a new very high accuracy. Finally, the search module which medium for self-expression in social networks. In uses the previous results helps users find relevant order to provide a reference for the researchers in this written judgments of criminal cases.” active area, we give an overview of this topic and describe the algorithms of sentiment analysis and An interesting variant of LSAOM comes to play when opinion mining for social multimedia. Having considering the use of legal vocabulary for the general conducted a brief review on textual sentiment analysis public, as typified by this effort utilizing a three-phase for social media, we present a comprehensive survey

5 of visual sentiment analysis on the basis of a thorough include character analyzing, Depression Testing etc. investigation of the existing literature.” This same Moreover, the behavior analysis will be done based on attention to visual elements is likewise entering into the text and emoticon sentiment score obtained during the LSAOM realm. the analysis.”

In seeking to discern Legal Opinion Mining, and to Similar kinds of studies have examined the reviews of some degree Legal Sentiment Analysis, the study by products, as posted online at sites including Amazon, Conrad and Schilder examined legal blogs that were Facebook, etc., as developed in this study on using SA posted online [20]: “We perform a survey into the and OM techniques and technologies [49]: “Sentiment scope and utility of opinion mining in legal Weblogs Analysis and Opinion Mining is a most popular field (a.k.a. blawgs). The number of 'blogs' in the legal to analyze and find out insights from text data from domain is growing at a rapid pace and many potential various sources like Facebook, Twitter, and Amazon, applications for opinion detection and monitoring are etc. It plays a vital role in enabling the businesses to arising as a result. We summarize current approaches work actively on improving the business strategy and to opinion mining before describing different gain an in-depth insight of the buyer’s feedback about categories of blawgs and their potential impact on the their product. It involves computational study of law and the legal profession. In addition to educating behavior of an individual in terms of his buying the community on recent developments in the legal interest and then mining his opinions about a blog space, we also conduct some introductory opinion company’s business entity. This entity can be mining trials. We first construct a Weblog test visualized as an event, individual, blog post or product collection containing blog entries that discuss legal experience. In this paper, Dataset has taken from search tools. We subsequently examine the Amazon which contains reviews of Camera, Laptops, performance of a language modeling approach Mobile phones, tablets, TVs, video surveillance. After deployed for both subjectivity analysis (i.e., is the text preprocessing we applied machine learning algorithms subjective or objective?) and polarity analysis (i.e., is to classify reviews that are positive or negative. This the text affirmative or negative towards its subject?). paper concludes that, Machine Learning Techniques This work may thus help establish early baselines for gives best results to classify the Products Reviews. these core opinion mining tasks.” Naïve Bayes got accuracy 98.17% and Support Vector machine got accuracy 93.54% for Camera Reviews.” Related to the topic of online and social media, those such advances have equally stimulated advancement in As will be addressed in Section 3, this research paper generic SA and generic OM, and for which then can be examines the evolving infusion of AI into Legal carried into LSAOM. Perhaps the most popular focus Sentiment Analysis and Opinion Mining and proposes of social media for undertaking SA and OM consists an alignment with the Levels of Autonomy (LoA) of of examining tweets, such as this study [5]: AI Legal Reasoning (AILR), plus provides additional “Understanding the behavior of people or a particular insights regarding AI LSAOM in its mechanizations user using his comments or tweets in various social and potential impact to the study of law and the media is an advancement of the Sentiment Analysis. practicing of law. Sentiment Analysis or Opinion Mining is used to understand the overall sentiments present in the data 1.5 Conventional Legal Contexts for LSAOM collected from various social media. The people have more exposure to the outside world due to the Aristotle philosophized that the law should be free of existence of the Internet and Various Social Medias passion [48]. like Twitter, Facebook, Instagram, etc. where they will be sharing their thoughts. Cheap and fast There is much focus in the theory of law and the has made social media more valuable practice of law to presumably excise emotion from the among the public. Social Media data can be used for nature of law and the practice of law, such that the law various scientific and commercial applications. The is aimed to be entirely objective, free of subjectivity, combination of Sentiment Analysis and Behavior dispassionate, and carried by the strength of logic and Analysis made the extraction of needed or useful data legal argument [41]. Though this might be a desired more easy and simple for various applications which arrangement, the reality is that the law and the practice

6 of law are intimately bound into human behavior and research and development in this area stems from therefore subject to human sentiment and to human social psychology, and methods such as public opinion opinion [79] (both “vacuous” opinion, as it were, if polls, focus groups, mock trials, and analogue jury non-factual opinion could be so labeled, and fact- studies are used to accomplish the goals of, preparing based opinion or ostensibly substantiated opinion). witnesses for their statements and selecting (or, rather, deselecting) jurors in the voir dire, or the process by One of the most visible arenas involving the interest in which juries are chosen for a trial. Forensic performing LSAOM consists of jury selection. There psychologists serving as trial consultants also use is a desire to detect so-called emotional loyalties of research to assist the attorney in trial strategies such as jurors, tipping their hands as to their presumed likely decisions on which pieces of evidence to emphasize, proclivities while possibly serving on a jury, as how to arrange evidence in terms of order of explained by Gobin [41]: “Scientific or Systematic presentation, preparation of opening and closing Jury Selection (SJS) originated during the Vietnam statements, and determining when and if a change of War Era and remains targeted by the scientific venue is necessary in order to obtain a fair trial for community as a practice more artistic than factual. But clients, among other tasks.” while the motives of the procedure and its status as a recognized science are still controversial, a close Judges are also subject to sentiment and opinion, and examination of its methods provides insight into the the psychology of trial judging showcases the hidden pathways of emotional assumption relied upon significant impacts therein [77]: “Trial court judges by jury selectors. Jury consultants who practice SJS play a crucial role in the administration of justice for usually focus on certain strategic markers: both criminal and civil matters. Although demographic classification, behavioral responses, and psychologists have studied juries for many decades, psychological attributes. On the surface, these they have given relatively little attention to judges. categories create a very satisfying array of options.” Recent writings, however, suggest increasing interest in the psychology of judicial decision making. This And, further by [41]: “Jury instructions–such as those essay reviews several selected topics where judicial in capital penalty phases, which warn jurors that they discretion appears to be influenced by psychological ‘must not be swayed by mere sentiment, conjecture, dispositions, but cautions that a mature psychology of sympathy, passion, prejudice, public opinion or public judging field will need to consider the influence of the feeling,’ urge jurors to abandon any emotional bureaucratic court setting in which judges are loyalties that they had disclosed in voir dire, and to embedded, their legal training, and the constraints of deliver a verdict they believe to be their impartial best. legal precedent.” When jurors are selected through a procedure littered with emotional analysis, however, is it then reasonable It might be assumed that judges would be able to to expect an impartial verdict from those selected readily overcome sentiment, and yet some studies have using a partial process? In other words, can a juror indicated that even when directly informed to exclude who has been selected based on predictions of his or biasing material, they appeared (along with jurors) to her emotional responses subsequently be placed in a nonetheless not be able to logically and “objectively” courtroom and enter judgments devoid of those do so [53]: “Reviews the presumptions and the emotions?” differential treatment accorded American judges and jurors by the civil procedure system. An experiment Walker and Shapiro discuss the overall psychology was conducted in which 88 judges and 104 jurors were that permeates trials and thusly embodies a cauldron of exposed to potentially biasing material with respect to sentiment and opinion, notwithstanding efforts to keep a civil trial vignette. Judges and jurors randomly such “subjective” emulsions at bay [79]: “Despite received 1 of 3 versions of a product liability case: no skepticism that psychologists were readers and exposure to biasing material, exposure with a judicial could manipulate people, coupled with concern over decision to exclude the material, and exposure with a attorneys and even mental health professionals that judicial decision to admit the material. Ss were asked might overstep their bounds, the area of trial to indicate (1) whether they would find the defendant consultation and jury selection has become an liable or not liable and (2) their level of confidence in important area of forensic psychology. Much of the their decisions. Results suggest that judges and jurors

7 may be similarly influenced by such exposure, regardless of whether the biasing material was ruled Certainly, we might though desire to inspect the entire admissible or inadmissible.” initial paragraph, rather than merely the first sentence. Or, we might wish to examine the entire closing Importantly, rather than taking a blind eye toward the argument. inclusion of sentiment, some argue that it is better to put the sentiment at front and center, perhaps even Any of these could be a proper or appropriate asserting that the embodiment of emotions and feeling granularity at which to undertake an LSAOM or could by judges can be considered a useful element for be inappropriate and produce a false or misleading rendering good legal judgments [48]: “There has been conclusion arising from the SA and the OM an explosion of emotion research in which emotions derivations, and thus the application of LSAOM has to are no longer seen in opposition to reason. Instead, be weighed with respect to its value and utility for emotions are increasingly appreciated as being what amount of granularity it is being applied. indispensable in cognitive processes because they comprise sets of perceptions and evaluations that As indicated by Do et al [22]: enable judgment. Emotions are no longer set aside as mere obstacles to good judgment. At the same time, “A current research focus for sentiment analysis is however, it is a well-known fact that emotions also the improvement of granularity at aspect level, often prevent people from judging carefully.” representing two distinct aims: aspect extraction and sentiment classification of product And continuing [48]: “The question is raised, for reviews and sentiment classification of target- example, whether it is desirable for judges to express dependent tweets. Deep learning approaches have their emotions and what the right way would be for emerged as a prospect for achieving these aims with them to do so. Questions like this introduce new their ability to capture both syntactic and semantic arguments into the ongoing debate in legal philosophy features of text without requirements for high-level about legal positivism: about its rationalist ideal of the feature engineering, as is the case in earlier dispassionate judge who merely applies rules.” methods.”

Similarly, in the work by Gamal et al [38]: 1.6 Hierarchical Nature of LSAOM “SA is categorized into three main levels—the A topic that will be addressed in Section 3 and for aspect or feature level (AL), the sentence level (SL) which is worthwhile to first introduce in Section 1 and the document level (DL). The AL refers to consists of the granularity associated with undertaking classify the sentiments that are expressed on various LSAOM. features or aspects of an entity. In the SL, the fundamental concern is to pick whether each It is important to consider the granularity at which a sentence infers a positive, negative or neutral Legal Sentiment Analysis might be undertaken, and opinion. In the DL, the basic concern is to classify likewise at which a Legal Opinion Mining might be whether the whole opinion in a document implies a undertaken. positive or negative sentiment. The SL and DL analyses are insufficient to precisely monitor what Use the Tribute of a Dog as a vehicle for exploring the people accept and reject. This research focuses on granularity facets of LSAOM. One could examine the document level of sentiment analysis.” perhaps the first sentence: “The best friend a man has in the world may turn against him and become his Overall, those advancing the theory of law in the realm enemy.” When the sentence was uttered by Vest, of LSAOM, and those practicing law by the leveraging presumably a SA could be done as to his tonality and of LSAOM, need to be fully aware of the granularity manner in which he expressed the sentence. From an facets, likely of a hierarchical and at times circular OM perspective, the sentence could be examined for nature in any particular legal case or legal contextual its essence of opinion expressed, and whether it application (this is further discussed in Section 3). appeared to be fact-based or non-factually based.

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2 Levels of Autonomy (LOA) of AI Legal a fax machine could be allowed or included within this Reasoning (AILR) Level 0, though strictly speaking it could be said that any form whatsoever of automation is to be excluded In this section, a framework for the autonomous levels from this level. of AI Legal Reasoning is summarized and is based on the research described in detail in Eliot [28] [29] [30] 2.1.2 Level 1: Simple Assistance Automation [31] [32] [33] [34] [35] [36]. for AI Legal Reasoning

These autonomous levels will be portrayed in a grid Level 1 consists of simple assistance automation for that aligns with key elements of autonomy and as AI legal reasoning. matched to AI Legal Reasoning. Providing this context will be useful to the later sections of this paper and Examples of this category encompassing simple will be utilized accordingly. automation would include the use of everyday computer-based word processing, the use of everyday The autonomous levels of AI Legal Reasoning are as computer-based spreadsheets, the access to online follows: legal documents that are stored and retrieved electronically, and so on. Level 0: No Automation for AI Legal Reasoning

Level 1: Simple Assistance Automation for AI Legal Reasoning By-and-large, today’s use of computers for legal Level 2: Advanced Assistance Automation for AI Legal Reasoning activities is predominantly within Level 1. It is Level 3: Semi-Autonomous Automation for AI Legal Reasoning assumed and expected that over time, the pervasiveness of automation will continue to deepen Level 4: Domain Autonomous for AI Legal Reasoning and widen, and eventually lead to legal activities being Level 5: Fully Autonomous for AI Legal Reasoning supported and within Level 2, rather than Level 1. Level 6: Superhuman Autonomous for AI Legal Reasoning 2.1.3 Level 2: Advanced Assistance Automation for AI Legal Reasoning 2.1 Details of the LoA AILR Level 2 consists of advanced assistance automation for See Figure A-1 for an overview chart showcasing the AI legal reasoning. autonomous levels of AI Legal Reasoning as via columns denoting each of the respective levels. Examples of this notion encompassing advanced automation would include the use of query-style See Figure A-2 for an overview chart similar to Figure Natural Language Processing (NLP), Machine A-1 which alternatively is indicative of the Learning (ML) for case predictions, and so on. autonomous levels of AI Legal Reasoning via the rows as depicting the respective levels (this is simply a Gradually, over time, it is expected that computer- reformatting of Figure A-1, doing so to aid in based systems for legal activities will increasingly illuminating this variant perspective, but does not make use of advanced automation. Law industry introduce any new facets or alterations from the technology that was once at a Level 1 will likely be contents as already shown in Figure A-1). refined, upgraded, or expanded to include advanced capabilities, and thus be reclassified into Level 2. 2.1.1 Level 0: No Automation for AI Legal Reasoning 2.1.4 Level 3: Semi-Autonomous Automation for AI Legal Reasoning Level 0 is considered the no automation level. Legal reasoning is carried out via manual methods and Level 3 consists of semi-autonomous automation for principally occurs via paper-based methods. AI legal reasoning.

This level is allowed some leeway in that the use of Examples of this notion encompassing semi- say a simple handheld calculator or perhaps the use of autonomous automation would include the use of

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Knowledge-Based Systems (KBS) for legal reasoning, 2.1.7 Level 6: Superhuman Autonomous for AI the use of Machine Learning and Deep Learning Legal Reasoning (ML/DL) for legal reasoning, and so on. Level 6 consists of superhuman autonomous Today, such automation tends to exist in research computer-based systems for AI legal reasoning. efforts or prototypes and pilot systems, along with some commercial legal technology that has been In a sense, Level 6 is the entirety of Level 5 and adds infusing these capabilities too. something beyond that in a manner that is currently ill- defined and perhaps (some would argue) as yet unknowable. The notion is that AI might ultimately 2.1.5 Level 4: Domain Autonomous for AI exceed human intelligence, rising to become Legal Reasoning superhuman, and if so, we do not yet have any viable indication of what that superhuman intelligence Level 4 consists of domain autonomous computer- consists of and nor what kind of thinking it would based systems for AI legal reasoning. somehow be able to undertake.

This level reuses the conceptual notion of Operational Whether a Level 6 is ever attainable is reliant upon Design Domains (ODDs) as utilized in the whether superhuman AI is ever attainable, and thus, at autonomous vehicles and self-driving cars levels of this time, this stands as a placeholder for that which autonomy, though in this use case it is being applied to might never occur. In any case, having such a the legal domain [24] [25] [26] [27]. Essentially, this placeholder provides a semblance of completeness, entails any AI legal reasoning capacities that can doing so without necessarily legitimatizing that operate autonomously, entirely so, but that is only able superhuman AI is going to be achieved or not. No such to do so in some limited or constrained legal domain. claim or dispute is undertaken within this framework.

2.1.6 Level 5: Fully Autonomous for AI Legal Reasoning 3 LSAOM and LoA AILR

Level 5 consists of fully autonomous computer-based In this Section 3, various aspects of Legal Sentiment systems for AI legal reasoning. Analysis and Opinion Mining (LSAOM) will be identified and discussed with respect to AI Legal In a sense, Level 5 is the superset of Level 4 in terms Reasoning (AILR). A series of diagrams and of encompassing all possible domains as per however illustrations are included to aid in depicting the points so defined ultimately for Level 4. The only constraint, being made. In addition, the material draws upon the as it were, consists of the facet that the Level 4 and background and LSAOM research literature indicated Level 5 are concerning human intelligence and the in Section 1 and combines with the material outlined capacities thereof. This is an important emphasis due in Section 2 on the Levels of Autonomy (LoA) of AI to attempting to distinguish Level 5 from Level 6 (as Legal Reasoning. will be discussed in the next subsection) 3.1 LSAOM Aligned with LoA AILR It is conceivable that someday there might be a fully autonomous AI legal reasoning capability, one that The nature and capabilities of Legal Sentiment encompasses all of the law in all foreseeable ways, Analysis and Opinion Mining will vary across the though this is quite a tall order and remains quite Levels of Autonomy for AI Legal Reasoning. Though aspirational without a clear cut path of how this might it is argued in this paper that legal-oriented SA and one day be achieved. Nonetheless, it seems to be legal-oriented OM are two distinct facets, which are within the extended realm of possibilities, which is often intertwined but not necessarily so, and for which worthwhile to mention in relative terms to Level 6. they are most decidedly not considered as synonymous with each other, they nonetheless can be treated as two akin capacities that will likely advance and mature correspondingly in the same overarching manner, over

10 time and amidst the advent of AILR levels of Opinion Mining at an even more advanced capacity autonomy. than at Level 2. Recall, in Level 2, the focus tended to be on traditional numerical formulations for LSAOM, Refer to Figure B-1. albeit sophisticated in the use of statistical models. In Level 3, the symbolic capability is added and fostered, As indicated, Legal Sentiment Analysis and Opinion including at times acting in a hybrid mode with the Mining becomes increasingly more sophisticated and conventional numerical and statistical models. advanced as the AI Legal Reasoning increases in Generally, the work at Level 3 to-date has primarily capability. To aid in typifying the differences between been experimental, making use of exploratory each of the Levels in terms of the incremental prototypes or pilot efforts. advancement of LSAOM, the following phrasing is used: At Level 4, the LoA is AILR Domain Autonomous and the LSAOM coined as “Domain Perceptive,” meaning • Level 0: n/a that this can be used to perform Legal Sentiment • Level 1: Rudimentary Detection Analysis and Opinion Mining within particular • Level 2: Complex Detection specialties of domains or subdomains of the legal field, • Level 3: Symbolic Intertwined but does not necessarily cut across the various • Level 4: Domain Perceptive domains and is not intended to be able to do so. The • Level 5: Holistic Perceptive capacity is done in a highly advanced manner, • Level 6: Pansophic Perceptive incorporating the Level 3 capabilities, along with exceeding those levels and providing a more fluent

and capable perceptive means. Briefly, each of the levels of LSAOM is described next. At Level 5, the LoA is AILR Fully Autonomous, and

the LSAOM coined as “Holistic Perceptive,” meaning At Level 0, there is an indication of “n/a” at Level 0 that the use of Legal Sentiment Analysis and Opinion since there is no AI capability at Level 0 (the No Mining can go across all domains and subdomains of Automation level of the LoA). the legal field. The capacity is done in a highly

advanced manner, incorporating the Level 4 At Level 1, the LoA is Simple Assistance Automation capabilities, along with exceeding those levels and and this can be used to undertake Legal Sentiment providing a more fluent and capable perceptive means. Analysis and Opinion Mining though it is rated or categorized as being rudimentary and making use of At Level 6, the LoA is AILR Superhuman relatively simplistic calculative models and formulas. Autonomous, which as a reminder from Section 2 is Thus, this is coined as “Rudimentary Detection.” not a capability that exists and might not exist, though

it is included as a provision in case such a capability is At Level 2, the LoA is Advanced Assistance ever achieved. In any case, the LSAOM at this level is Automation and the LSAOM is coined as “Complex considered “Pansophic Perceptive” and would Detection,” which is indicative of Legal Sentiment encapsulate the Level 5 capabilities, and then go Analysis and Opinion Mining being performed in a beyond that in a manner that would leverage the AI more advanced manner than at Level 1. This consists superhuman capacity. of complex statistical methods such as those techniques mentioned in Section 1 of this paper. To date, most of the research and practical use of Legal 3.2 Framework of Legal Sentiment Analysis and Sentiment Analysis and Opinion Mining has been Opinion Mining within Level 2. Future efforts are aiming at Level 3 and above. Based on the discussion in Section 1, it is useful to

consider the overarching nature of the approaches At Level 3, the LoA is Semi-Autonomous Automation utilized in ascertaining Legal Sentiment Analysis and and the LSAOM is coined as “Symbolic Intermixed,” Opinion Mining and provide a framework for which can undertake Legal Sentiment Analysis and establishing the elements involved.

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Refer to Figure B-2. As shown in Figure B-4, consider a four-square grid that presents some notable nuances between the Legal The framework indicates that LSAOM consists of two Sentiment Analysis and the Legal Opinion Mining facets that are often intertwined, though can be capabilities. distinctively articulated as they proffer differing scope, nature, and focus. Sentiment Analysis (SA) is utilized On the vertical axis are the two capacities, Legal for the detection of expressed or implied sentiment Sentiment Analysis, and Legal Opinion Mining, about a legal matter within the context of a legal respectively. Along the horizontal axis is time as milieu, while Opinion Mining (OM) is utilized for the divided into real-time versus offline. identification and illumination of explicit or implicit opinion accompaniments immersed within legal Generally, the primary use of Legal Sentiment discourse. Analysis occurs when analyzing in real-time the facial and voice aspects of a person speaking (or, an AI For the Legal Sentiment Analysis, three major system speaking). This can be undertaken to gauge a elements are consisting of: (1) SA Visual, (2) SA Oral, “now expressing” detection of sentiment. Legal and (3) SA Written. The SA Visual is typically aimed Sentiment Analysis can also be used in an offline at facial recognition for sentiment detection, but other mode, such as analyzing an audio or video recording, visual indications can be encompassed, such as body or for examining a written narrative. language, posturing, etc. SA Oral entails discourse that is orally expressed rather than in writing. Within SA Generally, the primary use of Legal Opinion Mining Oral, there is the tonality that is examined to aid in occurs when analyzing an offline transcript of written ascertaining the sentiment expression, along with the words (this could be in an audio or video format and words spoken as part of a legal narrative. SA Written transformed into a written word format). This is entails discourse that consists of written narrative. utilized to ascertain explicitly or implicitly expressed opinions, along with whether they are fact-based or For the Legal Opinion Mining, there are two major non-factual based (as within the context of the elements: (1) OM Oral, and (2) OM Written. provided narrative being used as the scope of the Underlying each of these two elements is the vital analysis). Legal Opinion Mining can also be used in aspect of detecting whether an expressed or implied real-time settings, though this is a usually less opinion is seemingly facts-based or whether it is non- impactful manner. factual based. In practice, the Legal Sentiment Analysis might not be Refer next to Figure B-3. able to ascertain any semblance of sentiment expressed. Thus, Legal Sentiment Analysis can consist Customarily, the use of Legal Sentiment Analysis and of two polarity states, SA SD1 (detected) and SA SD0 Opinion Mining entails examining human utterances (not detected). and expressions. This might consist of the sentiment and/or opinions of a judge, of a jury member, of an Likewise, in Legal Opinion Mining, an opinion might attorney, and so on. not be detected (coding of OM OD0), or might be detected and be factual based (coding of OM OD1-FB) In the future, in addition to the use of LSAOM on or non-factual based (coding of OM OD1-NFB). human utterances and expressions, it is anticipated that the LSAOM will be applied to AI utterances and Next, refer to Figure B-5. expressions. This might seem farfetched at this time, and yet the future might indeed involve AI systems Earlier in this subsection, it was mentioned that the that will be providing legal arguments and undertaking LSAOM can be applied to AI utterances and legal discourses, which today is rudimentary and expressions, seeking to detect sentiments and opinions minimal at best by any existent AILIR. as exhibited by an AI system. This does not suggest that the AI is sentient, and leaves aside the question Consider the four-square grid in Figure B-4. about the potential of AI becoming sentient. In short, an AI system could present a legal argument or legal

12 discourse that embodies sentiment and opinion, doing examined the evolving infusion of AI into Legal so without any need per se of somehow having Sentiment Analysis and Opinion Mining and proposed reached sentience. This possibility can occur by a alignment with the Levels of Autonomy (LoA) of AI certain kind of happenstance in how the AI has been Legal Reasoning (AILR), plus provided additional set up and been designed. insights regarding AI LSAOM in its mechanizations and potential impact to the study of law and the In a somewhat similar vein, the LSAOM capabilities practicing of law. can be used to generate sentiments and opinions, doing so by an AI “reverse” generating approach. Thus, the Artificial Intelligence (AI) based approaches have point being that the same capacity of detection can been increasingly utilized and will undoubtedly have a also potentially be “reversed” into becoming pronounced impact on how LSAOM is performed and generators. its use in the practice of law, which will inevitably also have an impact upon theories of the law. Refer to Figure B-6. Future research is needed to explore in greater detail Another important facet of Legal Sentiment Analysis the manner and means by which AI-enablement will and Opinion Mining is the locus of granularity. occur in the law along with the potential for both positive and adverse consequences due to LSAOM. A semblance of sentiment can be sought at a macro- Autonomous AILR is likely to materially impact the level. Also, sentiment can be sought at a micro-level, effort, theory, and practice of Legal Sentiment and also at a sub-micro-level, and so on. These can be Analysis and Opinion Mining, including as a distinctive at each such level or can be rolled-up or minimum playing a notable or possibly even pivotal rolled-down. Similarly, detection of opinion can be role in such advancements. sought at a macro-level. In addition, an opinion can be sought at a micro-level, and also at a sub-micro-level, About the Author and so on. These can be distinctive at each such level or can be rolled-up or rolled-down. Dr. Lance Eliot is the Chief AI Scientist at Techbrium Inc. and a Stanford Fellow at Stanford University in This is an important facet of LSAOM, namely that it is the CodeX: Center for Legal Informatics. He unlikely that any given SA or any given OM will be previously was a professor at the University of upon a monolith that exhibits one and only one such Southern California (USC) where he headed a multi- sentiment or opinion. Instead, the greater likelihood is disciplinary and pioneering AI research lab. Dr. Eliot that sentiment will differ at various levels of is globally recognized for his expertise in AI and is the expression and opinion will differ at various levels of author of highly ranked AI books and columns. expression.

4 Additional Considerations and Future Research References As earlier indicated, efforts to undertake Legal Sentiment Analysis and Opinion Mining have 1. Alarie, Benjamin, and Anthony Niblett, Albert historically been performed by human hand and Yoon (2017). “Regulation by Machine,” cognition, and only thinly aided in more recent times Volume 24, Journal of Machine Learning by the use of computer-based approaches. Advances in Research. Artificial Intelligence (AI) involving especially Natural Language Processing (NLP) and Machine 2. Ashley, Kevin, and Karl Branting, Howard Learning (ML) are increasingly bolstering how Margolis, and Cass Sunstein (2001). “Legal automation can systematically perform either or both Reasoning and Artificial Intelligence: How of Sentiment Analysis and Opinion Mining, all of Computers ‘Think’ Like Lawyers,” which is being inexorably carried over into Symposium: Legal Reasoning and Artificial engagement within a legal context for improving Intelligence, University of Chicago Law LSAOM capabilities. This research paper has School Roundtable.

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