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Design and Evaluation of an AI-based Learning System to Foster Students' Structural and Persuasive Writing in Law Courses

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Structured and persuasive writing is essential for effective communication, convincing readers of argument validity, and inspiring action. However, studies indicate a decline in students' proficiency in this area. This decline poses challenges in disciplines like law, where success relies on structured and persuasive writing skills. To address these issues, we present the results of our design science research project to develop an AI-based learning system that helps students learn legal writing. Our results from two different experiments with 104 students demonstrate the usefulness of our AI-based learning system to support law students independent of a human tutor, location, and time. Apart from furnishing our integrated software artifact, we also document our assessed design knowledge in the form of a design theory. This marks the first step toward a nascent design theory for the development of AI-based learning systems for legal writing.
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AI-based Learning Support for Law Courses
Forty-Fourth International Conference on Information Systems, Hyderabad 2023
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Design and Evaluation of an AI-based
Learning System to Foster Students'
Structural and Persuasive Writing in Law
Courses
Completed Research Paper
Florian Weber
University of Kassel
Pfannkuchstraße 1,
34121 Kassel, GER
weber@uni-kassel.de
Thiemo Wambsganss
Bern University of Applied Sciences
Brückenstrasse 73,
3005 Bern, CH
thiemo.wambsganss@bfh.ch
Matthias Söllner
University of Kassel
Pfannkuchstraße 1,
34121 Kassel, GER
soellner@uni-kassel.de
Abstract
Structured and persuasive writing is essential for effective communication, convincing
readers of argument validity, and inspiring action. However, studies indicate a decline
in students' proficiency in this area. This decline poses challenges in disciplines like law,
where success relies on structured and persuasive writing skills. To address these issues,
we present the results of our design science research project to develop an AI-based
learning system that helps students learn legal writing. Our results from two different
experiments with 104 students demonstrate the usefulness of our AI-based learning
system to support law students independent of a human tutor, location, and time. Apart
from furnishing our integrated software artifact, we also document our assessed design
knowledge in the form of a design theory. This marks the first step toward a nascent
design theory for the development of AI-based learning systems for legal writing.
Keywords: Design Science Research, Legal Education, Learning from Errors, AI-based
Learning System
Introduction
Students' ability to write in a structured and persuasive manner has declined in recent decades (Carter and
Harper 2013). This is mainly driven by the increasing use of digital media, which fosters the writing of short,
unstructured, and informal texts (Akram and Kumar 2017). The lack of ability to write structured texts leads
to inefficient communication, lowered persuasiveness of texts, and difficult comprehensibility of content
(Kendeou and Van Den Broek 2007). Students in the legal domain are especially challenged to write
structurally and persuasively to present legal doctrine's complex requirements and specific problems. The
legal writing instructions varies across countries and is influenced by the specific area of law being studied.
Consequently, students employ different methods to learn legal writing based on regional and legal
contexts. While in America the "IRAC1 formula" is used to teach students legal writing, countries such as
China use the "appraisal style", while France, for example, uses the "cas pratique". Among the most
1 IRAC is an acronym that stands for: issue, rule, application, and conclusion. It serves as a methodology for solving and analyzing legal
problems.
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important concepts of German legal writing are the appraisal style and the judgment style, with the
appraisal style being especially important for legal education (Urchs et al. 2020). Given that the term
"appraisal style" is unique to the German legal context, it lacks a direct English equivalent. To provide a
succinct definition, the appraisal style refers to "the form and writing style of a legal opinion" (Stuckenberg
2020). The complexities associated with composing a legal opinion mainly stem from the stringent
formalities inherent in the field of legal writing, as well as the challenge of constructing a coherent and
precise argument rooted in facts and laws (Pinkwart et al. 2009).
Gupta and Bostrom (2009) have stimulated work in the field of education in information systems research
with their research on technology-mediated learning (e. g., Huang et al. 2013, Kabudi 2021, Schlegel et al.
2023). Based on this guidance, researchers in the fields of educational technology and information systems
(IS) have developed IS to support students in persuasive writing (Osborne et al. 2016; Schmitt et al. 2021;
Wambsganss, Söllner, et al. 2020). Nevertheless, these systems are of limited interest to law students since
the writing style in law differs from general writing due to strict formalisms. Researchers and educators
claim that the targeted use of IS in law education falls short of expectations mainly due to the missing
availability of IS design for the particular domain, such as CATO2 (Aleven 2003) or ArguMed, a template-
based argument mediation system (Verheij 2003). However, these systems face the challenge of not being
able to provide students with individual feedback on the errors in their written legal texts. In fact, individual
feedback on student errors in texts has been proven to effectively support students in their learning and
writing processes (Metcalfe 2017). One way to support students in writing persuasive case solutions is to
develop an AI-based learning system based on machine learning (ML) models. Even though there are
several algorithms for analyzing text in the legal field, e. g., for classifying judgments (Urchs et al. 2020),
summarizing legal texts (Hachey and Grover 2005) and assessing jury verdicts (Poudyal et al. 2019), among
many others, there are no algorithms that are specifically trained to help students in writing persuasive case
solutions. Furthermore, the literature is scarce in suggesting how such complex systems should be designed
to support learners in writing and skill development. It is also difficult to transfer existing design knowledge
to other fields, such as legal writing. We aim to address the gaps of limited learning support for students in
law courses by designing and evaluating a new form of AI-based learning system for structured and
persuasive writing. By leveraging advances in natural language processing (NLP) and machine learning
(ML), we aim to generate design knowledge for an AI-based learning system that provides personalized
support to students in writing structured and persuasive legal texts and developing their legal writing skills.
To achieve our goal, we aim to answer the following research questions (RQ):
RQ1: How should an AI-based learning system be designed to improve law students' structured and
persuasive writing skills in large-scale law courses?
RQ2: To what extent does an AI-based learning system help law students improve their structural and
persuasive writing skills?
To achieve this, we adopt the design science research (DSR) approach by Hevner (2007) and intend to
iteratively design and evaluate an AI-based learning system with 104 law students in a lab and a field
experiment. In the following, we explain the theoretical background and how learning from errors serves
as our guiding kernel theory for designing and evaluating an AI-based learning system (Metcalfe 2017).
Next, we outline our research design and describe the eight specific steps we followed in our DSR process.
In designing our AI-based learning system, we draw on scientific literature and insights from the field. As
we describe our design and evaluation process in detail, we document the generated design knowledge as
design principles, following the proposal by Gregor and Hevner (2013). Finally, we summarize our results,
discuss limitations, and suggest areas for future research.
Theoretical Background
Legal Writing
Traditionally, students are tasked with resolving legal issues or case studies by writing persuasive case
solutions in form of a legal opinion (Enqvist-Jensen et al. 2017). To simplify comprehension, we will use
2 CATO is a learning system for case-based argumentation tasks.
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the terms "legal text" or "legal case solution" throughout the paper, both indicating a legal opinion. In these
legal case solutions, students are required to employ specialized and deeply concept-driven knowledge. The
theoretical knowledge mainly pertains to the accurate application of paragraphs and the establishment of
priorities within the case solution. Conversely, concept-driven knowledge predominantly involves the
principles of structuring case solutions in a methodical manner. To achieve this, students need to adhere to
established legal concepts (Weber et al. 2023). Different methods exist worldwide to teach law students
how to write structurally and persuasively. In German jurisprudence, two of the most significant concepts
are the appraisal style and the judgment style, with the former being particularly emphasized in legal
education (Urchs et al. 2020). The appraisal style is employed for tackling complex legal problems and
comprises four distinct components: major claim, definition, subsumption, and conclusion (Urchs et al.
2020). A case solution following the appraisal style invariably commences with a question, known as the
major claim. This element outlines the factual details necessary to address a legal problem and is phrased
in the subjunctive. Definitions are used to articulate the specifics of the required facts. They are formulated
in relation to the points of view raised in the major claim, to be able to assess the legal problems against the
background of the law. In the subsumption, the facts of the case are weighed against the definitions and the
conditions argumentatively. This weighing follows established models in argumentation theory (Toulmin
2003). These theories show a simple and basic structure of an argument. Accordingly, an argument consists
of several components: a claim and at least one premise that supports or refutes it. This simple logic can
also be found in jurisdiction. Here, an argument in a subsumption consists of a legal claim and one or more
premises. A premise supports the claim's validity in jurisprudence through a statement of fact, a judgment
or majority opinions of legal scholars. It is a legitimization that makes a legal claim comprehensible. The
characteristic of legal argumentation lies in the fact that the conclusion is derived from the premises. The
conclusion is therefore the logical result of the previously mentioned premises. The conclusion is the answer
to the posed major claim. Thus, the case solution here comes to a final conclusion. Table 1 provides a
succinct explanation of the four components of the appraisal style.
Elements
Explanation
Example
Major claim
The major claim explains the elements of
the offense that are to be fulfilled. It raises
a question or possible consequence.
D could have the right of compensation for
damages against H according to § 280 I 1 BGB.
Definition
The definition establishes the essential
conditions to be present in the legal issue
for the case solution to be concluded. These
elements are contingent upon the question
posed in the major claim.
For this right of compensation, there must be an
contractual relationship between the parties and a
breach of duty on the part of H in accordance with
§ 241 II. A contractual obligation describes the
individual performance relationship between
creditor and debtor.
Subsumption
(premise and
legal claim)
During the subsumption phase, an
assessment is conducted to determine the
extent to which the conditions of the
definition are satisfied. In this process, the
case's particulars are measured against the
prerequisites outlined in the definitions
and underlying premises. Legal
consequences can draw from the premises,
so-called legal claims.
Since there are no indications of an invalid
contractual relationship from the facts of the
case, a valid contract for work and services
between D and H is to be assumed. Thus, there is
a valid contract for work and services pursuant
to § 631 and consequently a valid contractual
relationship between the parties.
Conclusion
A conclusion serves as the response to the
major claim. The case solution reaches a
final result here.
D therefore has a right of compensation for
damages against H in accordance with § 280 I 1 of
the German Civil Code (BGB).
Table 1. Elements of a legal opinion in the appraisal style based on Weber et al. 2023.
Learning Systems for Legal Writing
Universities and other educational institutions encounter the task of imparting legal writing and reasoning
skills. This is partially attributed to instructors' limited pedagogical expertise in teaching persuasive writing
within university programs. Additionally, the demand to cover the essential curriculum often leaves
minimal room for practicing persuasive writing (Jonassen and Kim 2010). This is true even for topics where
persuasive writing is mandated by the curriculum, like law or logic, where teachers’ ability to teach
persuasive writing is limited by time and availability constraints. As a result, researchers and educators are
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advocating for an increased emphasis on persuasive and structured writing within the education system
(Driver et al. 2000). Consequently, research groups have developed systems to support students in
persuasive writing and writing systematics. These systems have been applied in various fields, such as
science (Osborne et al. 2016) or business reporting (Wambsganss, Niklaus, et al. 2020). However,
researchers and legal educators note that the use of IT systems in legal education falls short of expectations
(Beurskens 2016), and this is also true for teaching argument structure and writing persuasive case
solutions. Nevertheless, some systems are designed to help students learn persuasive legal writing and
structured argumentation. Most of these systems employ methods of argument diagramming
(representational guidance approaches) (Pinkwart et al. 2009; Reed et al. 2007). Students are supported
by providing them with representations of their reasoning structures, with the goal of supporting their
reasoning. A typical example is helping students to represent their reasoning structure in terms of node and
link graphs (Pinkwart et al. 2008; Reed et al. 2007). Pioneering work in the legal field has shown that
argument diagramming can improve students’ ability to make high-quality arguments and can improve the
coherence of law students’ persuasive writing (Carr 2003; Gordon et al. 2007). Pinkwart et al. 2008 have
developed the LARGO system (Legal Argument Graph Observer), which allows law students to display
examples of legal interpretations with hypothetical arguments graphically. Besides the diagram
argumentation systems, there are a few other systems, such as CATO (Aleven 2003). This system assists
students in argumentation with cases by teaching them to compare their arguments with given cases and
offer existing arguments so that the own solution can be improved (discussion scripting approach) (Aleven
2003). A system from the field of e-learning aims to use gamification elements to introduce students to the
IRAC formula (Bouki et al. 2014). To sum up, besides some representational guidance approaches or
discussion scripting approaches, there seem to be no suitable systems that adaptively support students in
ML-based law courses in writing structured and persuasive case solutions. Hence, past literature falls short
of a rigorous design study on how to design an AI-based learning system for structured and persuasive law
case solutions and lacks rigorous empirical investigations of the effects of adaptive learning support on
students’ writing style and use experiences. Therefore, we aim to address this literature gap by designing
and evaluating an AI-based learning system that helps students learn how to write in a structured and
persuasive appraisal style and gives feedback based on the individual errors of the students.
Natural Language Processing and Machine Learning on Law Texts
To develop an AI-based learning system, we aim to build on the literature of NLP and ML to train a novel
model that can identify students' legal argumentative components and structures. Given its strict logical
structure, law presents a promising field for annotating arguments (Moens et al. 2007; Urchs et al. 2020),
the availability of evaluated open-access corpora for training models on legal texts is scarce (Palau and
Moens 2009; Reed 2006; Reed et al. 2007; Weber et al. 2023). There are, however, some publicly accessible
corpora and models. Hachey and Grover (2005) present a model based on a corpus of 188 annotated
English court opinions to construct a system for the automatic summarizing of court judgments. Also,
recent advances in NLP are being used to build predictive models that can reveal patterns for judicial
decisions (Virtucio et al. 2018). This intelligent support is designed to help lawyers and judges quickly
identify cases and recognize patterns to make faster and more accurate decisions (Aletras et al. 2016).
Several research groups have employed machine learning models to analyze cases and make predictions
regarding their potential outcomes, providing explanations for their predictions (Alarie et al. 2016; Ashley
and Brüninghaus 2009). These researchers hope that this will improve computerized legal research. There
are also several German corpora in addition to the mostly English-language corpora for recognizing
decisions and legal cases (Houy et al. 2013; Urchs et al. 2020). In our literature research, we also included
generative models such as GPT3. During the study, an examination of existing literature failed to uncover
any evidence supporting the effectiveness of generative models in accurately classifying law texts written
by students.
Learning from Errors
To guide the design and development of our AI-based learning system, we rely on the literature on learning
from errors, since error-based learning seems to be a suitable underlying concept for helping students to
foster their legal writing skills (Ericsson et al. 1993; Ohlsson 1996). In learning and acquiring skills, practice
and application play a crucial role (Ericsson et al. 1993). Typically, law students need to solve various cases
to internalize the specific type of legal argumentation and the appraisal style. In theoretical lectures,
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students learn the basic skills for solving cases and get examples from the lecturer. Due to the extensive
number of lectures and the significant time demands involved, students seldom receive personalized
feedback from their lecturers regarding their cases. Research shows that practicing a specific skill through
repeated attempts improves a skill and eventually leads to mastery (Ohlsson 1996). However, errors are
bound to occur during these repeated exercises, especially for less experienced students (novices). Current
research shows how errors followed by corrective feedback can be effective learning support (Metcalfe
2017). Wong and Lim (2019) distinguished between the approaches of prevention, permission, and
promotion of errors. The error-allowance approach permits learners to make mistakes naturally, which are
improved through corrective feedback (Lorenzet et al. 2005; Potts and Shanks 2014). We want to create an
environment that allows law students to improve their skills to solve legal problems and write persuasive
case solutions. In this learning environment, we would like to allow natural mistakes from which students
can learn (Metcalfe and Xu 2018). Error learning theory, or allowing errors to occur, assumes that errors
have an activating effect and endow an alternative path to reaching the correct solution (Kornell et al. 2009).
In addition, errors generate enhanced attention because errors reinforce the encoding of subsequent
corrective feedback. Additionally, learners might show increased interest in receiving corrective feedback
after making an error, driven by their curiosity to obtain the correct answer (Potts and Shanks 2014).
Research Methodology
Our research project follows the DSR approach proposed by Hevner (2007). DSR is highly effective in
addressing practical issues and enhancing the current body of knowledge by designing and evaluating a
novel research artifact. Figure 1 illustrates the eight-step process we followed to ensure the creation of
design knowledge based on insights from the application domain and the knowledge base.
Figure 1. Three cycle design science process (DSR) according to Hevner (2007).
We began by analyzing the requirements for an AI-supported learning system in the legal domain,
considering the legal learning context (environment) and existing knowledge in the scientific literature.
Building upon these requirements, we formulated design principles, which were then implemented and
evaluated in our AI-based learning system in a series of design cycles. Our project contributes to research
by providing new design knowledge in the form of design principles that prescribe how to design artifacts
in this class (Gregor et al. 2020). We followed a theory-driven design approach by grounding our research
on the theory of learning from errors by Metcalfe 2017, which motivated the overall design and evaluation
of our DSR approach. In applying the DSR cycle, we followed the first step by formulating the problem and
describing its meaning in the introduction and theoretical background. We then derived meta-requirements
from the scientific literature for the design of AI-based learning systems in the field of education and
gathered user stories and requirements from semi-structured interviews with ten law students. We used
these inputs to derive design principles and implemented our AI-based learning system called LegalWriter.
Within the system's development, we initially defined eight design features as a concrete manifestation of
our design principles (e. g., Meth et al. 2015). Therefore, in this paper we use the term "design feature" to
refer to a collection of features that a legal learning system could potentially provide. To gauge its
performance, we employ the FEDS framework introduced by Venable et al. in 2016 for evaluation. Hence,
in the fifth step, we performed a proof-of-concept artificial evaluation with 62 students to measure the
attitudes of the target groups toward the system and to make initial statements about the short-term
effectiveness of the system (Venable et al. 2016). Based on these findings, we refined our system and worked
Application Domain
People
Organizational
Systems
Technical Systems
Problems & Opportunities
Environment
Design
Cycle
Rigor Cycle
Grounding
Additions to KB
Foundations
Scientific Theories & Methods
Experience &
Expertise
Meta-Artifacts (Design
Products & Design Processes)
Build Design Artifacts
Evaluate
Design Science Research Knowledge Base
Relevance Cycle
Requirements
Field Testing
1Problem formulation (based on
requirements from literature and
user interviews)
Deriving requirements from scientific
literature (learning theories &
educational technologies)
Deriving requirements from ten user
interviews with students
Deriving five design principles for
initial version
1
2
2
3
34
4
5Lab experiment (62 students) Field evaluation (42 students in a
legal course)
Deriving design principles for
second version
Documentation of design
knowledge
6 7 8
5
7
6
8
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mainly on the front-end and usability. We then evaluated LegalWriter in a field experiment with 42
students in a law course (Venable et al. 2016). The field experiment took four weeks and was designed to
provide insight into the long-term effectiveness of the system. We conducted the experiment in two groups,
the control group learned in a classical law course and the treatment group learned in a course that works
with our system. In step 7, we revised the design principles. In the last step, we document our design
knowledge as a nascent design theory (Gregor and Hevner 2013). Overall, our research project contributes
to the design of AI-based learning systems for education that can be embedded to enable students to receive
intelligent feedback based on their individual errors. The evaluated design knowledge from our research
project is summarized in a novel design theory for AI-based legal learning systems based on the theory of
learning from errors to support learning of structured and persuasive writing.
Design and Evaluation of LegalWriter
In the following chapter, we explain the design and evaluation of our AI-based learning system LegalWriter,
following eight steps of the DSR approach according to Hevner (2007) (see Figure 1).
Step 1: Problem Formulation
We initiated the process by formulating the problem. The problem is derived from the introduction, and
the theoretical background further establishes the foundation for our system's requirements. Additionally,
the problem scope was expanded through student interviews, as detailed in Steps 2 and 3.
Step 2 & 3: Deriving Requirements from Scientific Literature and User Interviews
To identify the requirements for an AI-based learning system for structured and persuasive legal writing,
we conducted a systematic literature search using the methodological approaches of Cooper (1988) and
Vom Brocke et al. (2015). The process involved four steps: defining the review scope, conceptualizing the
topic, searching the literature, and analyzing the findings related to requirements. In the first step, we
defined the review scope, primarily focusing on studies that demonstrate the successful implementation of
AI-based learning systems in different writing scenarios. In the second step, we conceptualized the topic
and identified two broad areas for deriving requirements: Human Computer Interaction, Machine
Learning, and Information Systems. Since creating such a system is a complex project, we needed
knowledge from different research areas, such as psychology, computer science, and writing studies. In the
third step, we conducted a literature search on several databases, including ArXiv, Science Direct, ACM
Digital Library, ProQuest, and IEE Xplore. We used the following search terms: “Writing System”,
“Writing Assistance”, “Writing Tool”, „Writing Process”, „Learning from Errors”, „Learning Theory“,
“Legal Learning”, and Learning Theories”. We established criteria for inclusion and exclusion,
subsequently evaluating the titles and abstracts of our search outcomes, ultimately selecting 64 papers for
more intensive analysis. We summarized similar topics of these contributions as meta-requirements for the
design of an AI-based learning system for structured and persuasive legal writing. The meta-requirements
encompass the integration of a suitable legal pedagogy (Cannon 1955; Xu and Yan 2008), implementing a
feedback system that detects individual errors (Kornell et al. 2009; Metcalfe 2017), and integrating
guidance through the writing process (Cagiltay 2006; Flower and Hayes 1981). In the fourth step, we
conducted ten user interviews with law students to derive requirements from the future user group.
Following the methodology of Rubin and Chisnell (2008), we used a semi-structured questionnaire with
three sets of questions related to the students’ learning requirements, considerations for implementing
technology-enhanced education systems, and design requirements for an AI-based learning system. The
interviews lasted between 16 and 95 minutes (mean = 36.6; SD = 20.89), and the interviewees were students
from different German universities, including both law and business law programs. The mean age of the
students was 23.00 years (SD = 2.03). Seven women and three men participated in the interviews. We tape-
recorded all interviews and transcribed them using the approach of Mayring (2010). Based on the
transcription, we derived categories that were found in all interviews and identified user stories from the
interviews. We used open coding to form a unified coding system during the analysis and collected user
stories to create a first clickable prototype and visualize the design ideas. The analysis of the interviews
revealed the students’ first important requirements, including a comprehensible user experience, the
possibility to train in different areas of law (DP1), and in-text highlighting of the components of the
appraisal style (DP2).
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Theory Lens / Requirements (UR/MR)
Provide the system with ...
MR1: ... case studies that describe realistic legal problems
and represent an established legal education method
(Cannon 1955; Xu and Yan 2008).
UR1: ... different cases from different areas of law.
MR2: ... a feedback system which evaluates the students’
errors (Metcalfe 2017).
MR3: ... an analysis system that checks for consistent
adherence to structured legal writing and its components
(major claim, definition, subsumption, and conclusion) as
well as the connections between the individual
components.
UR2: ... a direct and individual feedback of student errors.
MR4: ... conceptual scaffolds in the form of
recommendations that help students improve their
persuasive and structured writing (Cagiltay 2006).
Table 2. Derived design principles according to Gregor et al. 2020.
Step 4: Deriving Design Knowledge and Implementation of LegalWriter
Based on these findings in step 2 & 3, we derived three design principles for an AI-based learning system
for structured and persuasive legal writing. Our design principles are based on the requirements derived
from the literature and from the interviews with the law students. The design principles are illustrated in
Table 2. For formulating the design principles, we relied on the conceptual schema of Gregor et al. 2020.
Following the scheme, we have formulated our DP with the aim, the context, the mechanism, and the
rationale (Gregor et al. 2020), so we assume that the DP are self-explanatory. To instantiate our design
knowledge, we built the writing system LegalWriter, which was developed as a web-based application. A
screenshot of LegalWriter and its core design features (DF1 - DF8) can be seen in Figure 2.
LegalWriter consists of three components: a text editor, a checklist, and a legal argumentation dashboard.
The structure of LegalWriter is based on a typical writing task, which consists of the components planning,
translating, and reviewing (Flower and Hayes 1981). LegalWriter focuses on the category of reviewing in
the writing process and places the analysis and improvement of the written text in the foreground. To
achieve this goal the system is fundamentally aligned with the theory of learning from errors (Metcalfe
2017). The feedback mechanism is specifically designed to enable the system to provide continuous
feedback and recommendations to law students regarding their individual case solutions. Thus,
LegalWriter follows the classical advantages of intelligent IT-based learning and can enable time and
location-independent skill training (Arkorful and Abaidoo 2015). To receive feedback, students can enter a
case in a text editor or copy an already solved case into the text editor (DF1). Directly above the text editor
are the buttons "show case study" and "useful paragraphs". The buttons allow students to call up a
predefined case from a specific field of law and train with it. At the same time, the learner can call up content
tips via the "useful paragraphs" button (DF2), so that students are not cognitively overwhelmed when
writing. The "useful paragraphs" and the corresponding case studies must be stored in the current version
of LegalWriter, in a separate page by the system administrators to ensure that students can retrieve the
appropriate paragraphs. However, it is also possible for students to use the system without predefined
cases. In this scenario, students would have to refer to the code of law to find the relevant paragraphs. For
students to receive individual feedback, they can press the feedback button. This stimulates the text
analysis; thus, students receive highlighting’s in their text (DF3) (Afrin et al. 2021). The text highlighting
marks the used components of the appraisal style. Text fragments that do not fit into the appraisal style
remain unmarked. In addition, the "feedback" button also allows the overall feedback to be visible in the
dashboard and the recommendations in the checklist (both functions are explained in more detail below).
On the left side, we integrated a checklist. This contains a word count and an overview of the most important
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components of the appraisal style (DF4). The checklist also integrates a counting function that tracks the
components used and the errors that occurred in the text (DF5). The recommendations result from a
matching of the specified components (by the ML-models) and the use of certain heuristics. Errors can
occur when students either forget components, do not use the exact legal wording or components used do
not refer to other components. For example, each major claim must be answered by a conclusion. The
system shows the user if a major claim is not closed by a conclusion, but the user must check by himself if
the conclusion has a content that fits the major claim. When a student calls up an error in the checklist he
or she receives the individual recommendations (see Figure 2) for improving the error (DF5) (Cagiltay
2006). On the right side, we integrated a dashboard for legal argumentation. In the dashboard, students
can access general feedback and receive explanations of the individual elements of their appraisal style
(DF6). Two charts provide students with information about the composition of their texts. Additionally, a
ring diagram gives an overview of the composition of the text based on sentences and their assignment to
the components of the appraisal style (see Figure 2). The composition of the text based on the components
of the appraisal style offers the advantage for the students that they can recognize whether they have set the
correct emphasis in their case solution. At the same time, explanations and recommendations for
improvement can also be called up here: "It is important that the subsumption takes up one of the largest
parts, i. e. that the argumentative weighing of the facts and the condition of the case takes place here". A
bar chart shows how persuasive the text is overall. The persuasiveness score is calculated by relating the
recognized components of the appraisal style as well as the claims and premises used, with the unassigned
text sections (DF7). By using the "more" button, students get information about the functionalities (DF8).
Figure 2. Screenshot of the interface of LegalWriter with design features. To facilitate
understanding we translated the user interface to English.
Constructing a Corpus of Annotated Student Written Legal Case Solutions
Developing an AI-based learning system that can provide students with personalized feedback on their
writings requires a significant amount of annotated text data, known as corpora. Unfortunately, there are
currently no adequate annotated corpora available in German that provide legal case solutions for
students3. As a result, we decided to create our own corpus and collected a total of 413 case solutions from
3 We used generative models like for student feedback, but no suitable LLM was available for satisfactory results on German law texts during
our research.
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students in two law courses at our university in 2021 and 2022 (Weber et al. 2023). During these courses,
the students were given various cases to solve from two different areas of law. To ensure the quality of our
annotations, we followed established methodologies to create a data set for student writing support (Persing
and Ng 2016; Stab and Gurevych 2014). The collected case solutions were annotated by two German-
speaking experts in law. These annotators followed a comprehensive thirteen-page guide, which outlined
the appraisal style, argument details, and the interconnections of arguments within the subsumption. Our
guide describes in detail the four main components of the appraisal style, namely, major claim, definition,
subsumption, and conclusion. We provide specific instructions on identifying and annotating each of these
components, ensuring that our annotators clearly understand what they are looking for. In addition to the
four components of the appraisal style, our guideline also covers the arguments and relationships within
the subsumption. We provide detailed instructions on how to identify and annotate the various arguments
and their relationships, such as premises and legal claims. The first step in the annotation process involved
marking the four components of the appraisal style. In the second step, the annotators took a closer look at
the subsumption and assembled legal claims and premises. Finally, the relationships between the legal
claims and premises were annotated in the third step. To maintain uniformity in the annotation process,
we organized multiple training sessions aimed at resolving any discrepancies among annotators and
fostering a shared comprehension of the annotation guidelines. We used the tool tagtog4 for annotation.
The tool offers the advantages of a graphical interface for marking up text units and allows for the
monitoring of Inter-Annotator Agreements (IAA) through a dashboard of metrics. After 100 annotated
texts, we calculated the IAAs using Krippendorff's α (Krippendorf 1980). Our analysis showed that we
achieved a minimum of substantial agreement for all components and fair agreement for relations (Landis
and Koch 1977). These levels of agreement are an indicator that our annotation process was dependable
and consistent, which means that our annotated corpus is a valuable resource for developing AI-based
learning systems that can offer students personalized feedback on their writing (Weber et al. 2023).
Building the Feedback Algorithm to Provide AI-based Legal Writing Feedback
The backend of LegalWriter was developed using the Flask framework and consists of three ML models.
Two of these models use the output of the first model as input data. All three models are based on the
Transformer architecture and employ BERT, which we obtained as a pre-trained model from HuggingFace5.
We then trained the BERT model on a training set. The model was trained in batches of size 8, with a
learning rate of 4e5 and a warmup ratio of 0.06. Overall, LegalWrites backend is a robust and well-
designed system that utilizes cutting-edge ML techniques to analyze and provide feedback on legal texts.
To implement individualized feedback on errors in adherence to the structure of legal writing (DP2), our
model was exported and implemented in the LegalWriter backend. When a student enters a case solution
in the text editor and clicks the feedback button, the text is sent to our three trained models. The first model
classifies the four components of the appraisal style, while the second one identifies the legal claims and
premises in the subsumption. The third model determines the relationships between the legal claims and
premises. Once the text is classified, it is sent back to the front-end of LegalWriter, which provides
individual feedback by highlighting the text's components in different colors (Afrin et al. 2021). Non-
persuasive sentences or sentences that don’t meet the requirements of the appraisal style are not
highlighted. Additionally, LegalWriter suggests recommendations for improving the text (DP3), based on
the classified components (see step 4). Additionally, students can use a dashboard to view the distribution
of components across the text. Depending on the distribution, students receive further suggestions for
improvement to achieve a balanced distribution of the components.
Step 5: Proof of Concept Evaluation in a Lab Experiment
The evaluation of LegalWriter involved a three-stage lab experiment. In the first stage participants were
assessed for their familiarity with legal appraisal and their background in law. The success of randomization
was tested through two constructs measured on a 1-7 Likert scale (Agarwal and Prasad 1998; Ashford et al.
2003). During the subsequent stage, participants carried out a writing assignment using one of two distinct
version of LegalWriter, depending in which of the two randomly assigned groups (control and treatment)
they perform the writing assignment. They were introduced to the appraisal style and instructions on
4 https://tagtog.net
5 https://huggingface.co/docs/hub/index
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solving a legal problem, followed by a writing task to solve a specific case study. The control and treatment
groups received the same problem but used different versions of LegalWriter. The treatment group used
an ML-based version with personalized feedback, while the control group used a non-ML-based version
with static recommendations (DP2 and DP3 were not ML-based). The static feedback aims to closely
emulate the comprehensive guidance of a tutor, drawing inspiration from an example solution. This form
of feedback, rooted in a sample solution, closely approximates the esteemed benchmark in legal education
in Germany. The third stage, the post-survey, measured the impact of LegalWriter on user experience and
support effectiveness. Constructs such as intention to use, perceived usefulness (Agarwal and Prasad
1998) and perceived ease of use (Bala and Venkatesh 2007) were assessed. Qualitative feedback was
collected to evaluate the system and gather suggestions for improvement (see Step 7). The experiment was
conducted based on our university’s ethical rules and the rules of the platform operator. Incomplete surveys
and surveys in which certain control questions were not correctly answered were not included. After
randomization, we counted 32 completed valid outcomes in the treatment group and 30 in the control
group. The average age of the control group was 27.8 (SD = 3.66). In the treatment group at 27.7 (SD =
3.25). 17 participants in the control group were male and 13 were female. In the treatment group, 11 were
male and 21 female. The final sample consisted of 62 students.
Results
To determine the participants’ user experience, we compare the results from the ML-based version of
LegalWriter with the static version of LegalWriter. For data analysis, we performed a double-tailed t-test
with equal variances to assess whether differences between both groups are statistically significant. To
assess the normal distribution of the data, we employed the Shapiro-Wilk test in addition to conducting a
graphical analysis. To verify the homogeneity of variances, we utilized the Levene's test. For the construct
of perceived ease of use we used a Welch test, since a Levene test could not detect equal significances. The
construct intention to use was rated with an average value of 5.14** (SD= 1.21) and the perceived usefulness
with an average value of 5.00* (SD= 1.04). Notably, the intention to use value significantly surpasses that
of the control group, and the perceived usefulness was also rated significantly higher compared to the
control group. Perceived ease of use was also rated higher in the treatment group compared to the control
group and showed a statistical difference between both groups (see Table 3). The results show that the
participants of our experiment positively evaluated the technology acceptance towards the ML-based
version of LegalWriter compared to the use of the alternative version. Moreover, the mean scores of
LegalWriter show outstanding initial results. All treatment group results are higher than the neutral value
of 4. Particularly, the significantly high value of intention to use indicates that the participants are receptive
to the system and are inclined towards its prospective adoption. Also, the values in perceived usefulness
and perceived ease of use for writing structured and persuasive case solutions with the system LegalWriter
provide promising results, as the constructs significantly impact the influence on the acceptance of IT
systems (Agarwal and Prasad 1998).
Group (n = 62)
Intention to Use
Perceived Ease of Use
Perceived Usefulness
mean TG
5.14**
5.19*
5.00*
mean CG
3.95
4.58
4.25
SD TG
1.21
1.00
1.04
SD CG
1.72
0.86
1.79
p-value
0.003
0.046
0.045
t-value
3.161
2.050
2.050
*p < 0.05, **p < 0.01
Table 3. Mean and standard derivation on a 7-point Likert scale (1: low, 7: high).
Furthermore, we analyzed the students' written texts for the quality of legal writing. The quality of legal
writing is determined by the extent to which students adhere to the appraisal style, which involves
structuring their writing appropriately. Additionally, the ability to draw logical conclusions based on
definitions and specific facts about the case solution is crucial for persuasive writing. We utilized the
assessment from our lab experiment to evaluate the quality of legal writing. The assessment was conducted
by an independent legal tutor and based on the rating scales that are also used for a German law exam.
Following these, the assessments were assigned on a scale of 1 to 18, with 1 indicating poor quality and 18
indicating high quality. The analysis showed that the students who used the adaptive system (mean =
10.05*) showed a higher quality in legal writing (p-value = 0.015), compared to the control group (mean =
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7.97). All in all, we assume that the proof-of-concept evaluation is successful so that the development of
LegalWriter can continue (Venable et al. 2016). However, to show long-term effects and that the students
improve their writing even without system support, we conducted a field experiment.
Step 6: Evaluation in the Field
To provide evidence of LegalWriter's effectiveness in continuous use, we evaluated LegalWriter in a
naturalistic ex-post evaluation designed as a field experiment in Step 7 (Venable et al. 2016). The field
experiment aims to answer the second research question (RQ2): To what extent does an AI-based learning
system help law students improve their structural and persuasive writing skills? Hence, we evaluated the
system in a natural use-case scenario (Venable et al. 2016). To do so, we implemented the system in a legal
tutorial, which was offered in addition to a law lecture at a European university. The students were asked
to write three legal case solutions to a given problem, each one week apart from the other. Students had the
opportunity to participate in the experiment voluntarily and were randomly allocated to two groups. The
control group engaged with the cases conventionally, followed by subsequent feedback from a tutor
provided in the form of a sample solution6. This tutor's feedback, which is grounded in the example solution,
is emblematic of the current gold standard in German legal education. The treatment group employed
LegalWriter and obtained automated intelligent feedback guided by our design principles. After
randomization, we had 19 participants in the treatment and 24 in the control group. Participants of the
treatment group had an average age of 19.57 (SD= 5.20), 9 were male and 14 were female. In the control
group, participants' average age was 18.32 (SD=1.47), 6 were male and 12 were female. A minor variation
in age exists between the control and treatment groups, but this disparity lacks significance (p = 0.2011).
This discrepancy could be attributed to the relatively high standard deviation within the treatment group
(SD = 5.20). The experiment phases took five weeks. It consisted of three main phases: 1) pre-test phase,
2) individual writing phase and 3) post-test phase.
Pre-test Phase: In the pre-test phase, students were given a survey with 12 questions. In the survey, we
collected demographics, students' experiences with AI-based learning systems, and students' experiences
in writing legal case solutions by using individual items. To measure their proficiency in composing legal
case solutions, students were tasked with resolving a legal issue within a time frame of around 25 minutes.
The case solutions were evaluated by an independent tutor who supported the lecture.
Individual Writing Phase: In the individual writing phase, students were each asked to solve a legal
problem in three tutorials. In each tutorial, students had 60 minutes to solve the legal problems and write
a case solution. The treatment group received feedback from LegalWriter to improve their case solutions,
and the control group received feedback from an independent tutor.
Post-test Phase: The post-test phase started with the final exam of the law lecture. All students who
participated in the experiment agreed that their exam results may be evaluated during the experiment. After
the exam, students received a post-survey in which we asked qualitative questions: What did you like most
about interacting with LegalWriter?”, "What would you improve about LegalWriter?" and Do you have
any additional ideas? What would you like to add to the system?”. In total, we asked six questions in the
post-test. To evaluate the data from the field experiment, we analyzed the quality of legal writing. The
assessment was conducted by an independent tutor on a 1-18 scale (1: poor, 18: high), which is typical for
German legal education.
Results
For data analysis, we performed a double-tailed t-test with equal variances to assess whether differences
between both groups are statistically significant7. To assess the normal distribution of the data, we
employed the Shapiro-Wilk test in addition to conducting a graphical analysis. To verify the homogeneity
of variances, we utilized the Levene's test. To mitigate the possible influence of confounding variables given
our relatively limited sample size and to determine the effectiveness of randomization, we compared the
scores of the case solutions from the pretest between the two groups. We received p-values larger than 0.05
between the treatment and the control group (see Table 4). Nevertheless, we would like to clarify that a
6 Typically, the tutor independently writes the sample solution, which is subsequently collaboratively elaborated with the students.
7 The data collection and analysis were conducted according to the ethical guidelines of our university.
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marginal significance is shown (p<0.1) (see Table 4). This implies that the observed differences between
the groups concerning the measured variable exist but are statistically only slightly above the random level.
This marginal significance indicates that the effects may be due to natural variation or other influences. It
is important to interpret such results cautiously and to possibly consider a larger sample or adjusted
research designs in future studies to gain clearer insight into the observed differences. However, we assume
that the marginal significance indicates that there is no explainable difference in the quality of the legal
writing between the control and the treatment group in the pre-test. The analysis of the texts from the exams
shows that the treatment group (mean = 11.08**) performed significantly better in the quality of legal
writing than the control group (mean = 8.84). Since we are aware that the group in the field experiment is
relatively small, we have additionally specified effect sizes. According to Cohen's d, the effect on the quality
of the appraisal style shows a strong effect size (greater than 0.8) (Cohen 2016). A higher Cohen's d value
signifies a more considerable disparity between the groups, thus reinforcing our observation that the
treatment group achieves better outcomes in the quality of legal writing than the control group.
Group (n = 42)
Quality of Legal Writing (Pre-test)
Quality of Legal Writing (Post-test)
mean TG
6.83
11.08**
mean CG
5.42
8.84
SD TG
2.43
2.19
SD CG
2.99
2.59
p-value
0.095
0.004
t-value
1.712
3.079
Cohen’s d
-
0.95
**p < 0.01
Table 4. Mean and standard derivation based on the standardized 1-18 German law scale
(1: poor, 18: high).
Step 7: Revising Design Knowledge
Considering the qualitative feedback received from the two experiments, we have revised the design
features of the system. One key aspect that emerged from the feedback was the importance of accuracy in
classifying the individual components of the appraisal style and the quality of recommendations.
Consequently, we prioritized the development of the ML-models to address this concern. To enhance the
capabilities of the system, we expanded our own corpus by including an additional 200 case solutions. This
expansion enables the training of the system in various areas of law (DP1). Moreover, we have taken steps
to improve the discriminatory power of the components by addressing sentence separation issues prevalent
in German legal texts (Glaser et al. 2021). These improvements aim to enhance the accuracy and precision
of the system's feedback. By incorporating these revisions, we aim to ensure that the AI-based learning
system provides users with more accurate and reliable feedback. After carefully considering the
improvements made to the system, we have concluded that they contribute to its enhancement without
necessitating significant changes in design knowledge. As a result, we have made the decision not to adapt
or extend the design principles. While the improvements have brought valuable enhancements, they have
not introduced substantial alterations that would require corresponding modifications to the existing
design principles. This decision allows us to focus on refining the system's performance and functionality
based on the feedback and insights gained from the implemented improvements.
Step 8: Documenting of Design Knowledge
We summarize our theoretical contributions from the conducted design process by documenting our design
knowledge in accordance with the seven core components of a design theory (Gregor and Jones 2007), as
shown in Table 5. Through this approach, we communicate our insights to the scientific knowledge base
and capture the outcomes of our project. Our goal is to formulate a "design and action" theory grounded in
solid principles that can guide the process of designing legal learning systems (Gregor and Jones 2007).
1) Purpose and scope
LegalWriter aims to enable students to learn how to write persuasive and
structured case solutions in the appraisal style independently of a teacher through
learning support based on recent advances in NLP and ML.
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2) Constructs
Text editor (DF1); Useful paragraphs (DF2); Colored marking of components that
belong to the appraisal style (DF3, DF4); Checklist (DF5); Explanations of the
individual elements of their appraisal style (DF6); functionalities and
explanations on how to use them effectively (DF8).
3) Principles of form and
function
DP1: ... embed realistic case studies into the system so that students can solve
legal problems from different areas of law individually and thus digitally apply
an established learning technique in law. DP2: ... provide individualized
feedback on errors in adherence to the structure of legal writing so that students
can intuitively identify errors in adherence to the structure of legal writing.
DP3: ... integrate support that gives students recommendations on how to
adhere to the structure of the appraisal style, how to formulate the components
of the appraisal style and how to build a stringent legal argumentation so that
students can improve their legal texts in a self-directed manner.
4) Artifact mutability
Core design features, such as the individual feedback algorithm, might be adapted
to different pedagogical scenarios e. g., the content and language of the texts.
5) Testable propositions
(1) Using LegalWriter increases the quality of legal writing. (2) Using LegalWriter
increases the skill of writing a structured and persuasive case solution.
6) Justificatory knowledge
Learning from Errors (Metcalfe 2017)
7) Principles of
implementation
The feedback algorithm for structural and persuasive legal writing needs to be
linked to course content and language.
Table 5. Documentation of our design knowledge (Gregor and Jones 2007).
Discussion and Conclusion
In this project, we followed the DSR approach (Hevner 2007) to design, develop, and evaluate the AI-based
learning system LegalWriter. LegalWriter helps students learn structured and persuasive legal writing by
identifying individual errors. Our learning system differs from existing systems in persuasive writing by
providing individualized feedback on written texts and natural errors. Traditional writing support systems
usually only support general argumentation approaches (Osborne et al. 2016), which is insufficient when
writing legal case solutions (see Section Legal Writing). In addition, LegalWriter differs from systems like
Grammarly, as Grammarly tends to specialize in improving spelling and grammar (Bailey and Lee 2020).
However, our system has a more specific focus and helps students to follow the formal structure of legal
writing (appraisal style). Moreover, our system adheres to pertinent learning theories in its design. This is
the reason why our system strives for enduring learning success, rather than merely assisting with writing
during system usage, as seen in platforms like Grammarly. To align the design of our learning system in
accordance with established learning theories and user requirements, we extracted requirements from 64
scholarly papers and conducted ten semi-structured interviews with law students. This process enabled us
to formulate a collection of design principles for AI-based learning systems. We evaluated these design
principles as an instantiated artifact (LegalWriter) based on two experiments with 104 users. In a short-
term laboratory experiment with 62 participants, we evaluated how students perceive the usefulness of our
design principles for writing tasks in a legal context and demonstrated the short-term support effects of the
system. In a field experiment with 42 students, we demonstrated the learning effects' effectiveness in
structured and persuasive legal writing. Our contribution extends beyond the development of an AI-based
learning system as a software artifact. We have also derived valuable design knowledge, which we have
documented in our final step of our design research (Table 5). This design knowledge is not only applicable
to our specific case but can also be utilized in other contexts where structured writing and persuasive writing
are essential. For instance, the concept of LegalWriter can be easily adapted to courses covering different
subjects or languages that require structured and persuasive writing. This would involve modifying the
backend algorithm to cater to the specific scenario. Existing corpora and ML-models in the literature can
be incorporated into LegalWriter to handle, for example, English legal cases, as demonstrated by (Mochales
and Ieven 2009). Another example would be writing research papers, essays or term papers where clear
structuring of writing is of great importance (Resch and Yankova 2019). In these cases, the design principles
of form and function, as well as the overall system design, do not require significant adaptation. The
transferability of our design knowledge allows us to contribute not only at Level 1 of DSR by providing an
implementation of a situated artifact but also at Level 2 by contributing to an emerging design theory
(Gregor and Hevner 2013). This indicates the broader significance of our research in advancing the
understanding and application of AI-based learning systems. Our results demonstrate that state-of-the-art
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NLP and ML techniques are well-suited for designing sophisticated systems capable of providing support
for students based on individual errors (Metcalfe 2017). In general, our research can stimulate further work
in AI-based and technology-mediated learning (Gupta and Bostrom 2009).
With respect to our work, it is important to acknowledge certain limitations. While it is plausible to assume
that the transferability of LegalWriter to other areas of law is feasible without significant modifications, we
are unable to establish this conclusively with our current research design. This limitation arises from the
fact that the system has been trained on only two specific areas of law thus far. However, as mentioned in
step 7, we have introduced a new area of law that will be evaluated in future studies. In relation to the field
experiment, it's important to note that the experiment involves a modest sample size of 42 participants,
comprising 19 in the treatment group and 24 in the control group. Despite the relatively small sample, we
would like to highlight the noteworthy p-value (p = 0.004) and Cohen's d (d = 0.95), both indicating
substantial effect sizes concerning the quality of legal writing (see Table 4). However, our aim for the future
is to expand our field experiments by employing a more extensive sample size to replicate and validate our
findings. Despite the positive outcomes of our research, it is important to acknowledge and address the
ethical concerns that may arise in relation to our AI-based learning system. One primary concern is the
potential impact of automating feedback and assessments on the learning process and individual student
development. We want to emphasize that our intention is to enhance the learning environment and support
students in their academic growth. We understand that AI-generated feedback can be perceived as crucial,
and students may strongly respond to it. Thus, it is crucial to view AI feedback as a supplement to, rather
than a substitute for, human feedback. Additionally, it is important to note that the current state of research
does not rule out the possibility of model misses. This means that the AI feedback may not capture all
relevant aspects accurately, and there is a need for ongoing improvement and refinement. Furthermore, we
acknowledge the potential bias that may exist within the AI feedback system. It is possible that the feedback
is limited to specific stylistic preferences or patterns, which may not encompass the diverse cultural,
linguistic, or individual backgrounds of all students. This could result in certain students being
disadvantaged if they do not conform to the predefined standard.
For future research endeavors, we intend to delve further into understanding how LegalWriter can
effectively support students in improving their case solutions. We aim to evaluate the individual design
principles and explore different combinations of these principles to determine if certain combinations yield
more favorable results compared to utilizing all the design principles simultaneously (Abbasi et al. 2010).
Furthermore, we would like to work with large language models in the future since they could be domain
independent to counteract the corpus limitations. The large language models could replace our feedback
algorithm; however, our design theory would still be valid as it is independent of the underlying corpus. All
in all, our research provides design knowledge to improve further AI-based learning systems based on
techniques from NLP and ML. With further technological advances, we expect our work to stimulate
researchers to design more AI-based learning systems for other learning scenarios in the IS field.
Furthermore, we contribute to an established learning theory (Metcalfe 2017), which has shown its
effectiveness in digital learning scenarios.
Acknowledgement
The results presented in this article were developed in the research project Komp-HI funded by the German
Federal Ministry of Education and Research (BMBF, grant 16DHBKI073).
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Im internationalen Vergleich stellt der Gutachtenstil eine Besonderheit der deutschen Juristenausbildung dar und trägt zu deren Güte bei. Herkunft und Methodologie dieses „Stils“, der nicht selten als bloß praktische, d.h. unwissenschaftliche Falllösungstechnik diskreditiert wird, werden hingegen nur selten reflektiert. Dieser Beitrag geht der Geschichte des Gutachtenstils nach und zeigt dann Übereinstimmungen mit der berühmten cartesischen Methode auf. Daher sollte der juristische Gutachtenstil durchaus als wissenschaftliche Methode geschätzt und gelehrt werden.