While Autonomous Weapons Systems have obvious military advantages, there are prima facie moral objections to using them. By way of general reply to these objections, I point out similarities between the structure of law and morality on the one hand and of automata on the other. I argue that these, plus the fact that automata can be designed to lack the biases and other failings of humans, require us to automate the formulation, administration, and enforcement of law as much as (...) possible, including the elements of law and morality that are operated by combatants in war. I suggest that, ethically speaking, deploying a legally competent robot in some legally regulated realm is not much different from deploying a more or less well-armed, vulnerable, obedient, or morally discerning soldier or general into battle, a police officer onto patrol, or a lawyer or judge into a trial. All feature automaticity in the sense of deputation to an agent we do not then directly control. Such relations are well understood and well-regulated in morality and law; so there is not much challenging philosophically in having robots be some of these agents — excepting the implications of the limits of robot technology at a given time for responsible deputation. I then consider this proposal in light of the differences between two conceptions of law. These are distinguished by whether each conception sees law as unambiguous rules inherently uncontroversial in each application; and I consider the prospects for robotizing law on each. Likewise for the prospects of robotizing moral theorizing and moral decision-making. Finally I identify certain elements of law and morality, noted by the philosopher Immanuel Kant, which robots can participate in only upon being able to set ends and emotionally invest in their attainment. One conclusion is that while affectless autonomous devices might be fit to rule us, they would not be fit to vote with us. For voting is a process for summing felt preferences, and affectless devices would have none to weigh into the sum. Since they don't care which outcomes obtain, they don't get to vote on which ones to bring about. (shrink)

Biometric facial recognition is an artificial intelligence technology involving the automated comparison of facial features, used by law enforcement to identify unknown suspects from photographs and closed circuit television. Its capability is expanding rapidly in association with artificial intelligence and has great potential to solve crime. However, it also carries significant privacy and other ethical implications that require law and regulation. This article examines the rise of biometric facial recognition, current applications and legal developments, and conducts an ethical analysis (...) of the issues that arise. Ethical principles are applied to mediate the potential conflicts in relation to this information technology that arise between security, on the one hand, and individual privacy and autonomy, and democratic accountability, on the other. These can be used to support appropriate law and regulation for the technology as it continues to develop. (shrink)

The rapidly increasing role of automation throughout the economy, culture and our personal lives has generated a large literature on the risks of algorithmic decision-making, particularly in high-stakes legal settings. Algorithmic tools are charged with bias, shrouded in secrecy, and frequently difficult to interpret. However, these criticisms have tended to focus on particular implementations, specific predictive techniques, and the idiosyncrasies of the American legal-regulatory regime. They do not address the more fundamental unease about the prospect that we might one day (...) replace judges with algorithms, no matter how fair, transparent, and intelligible they become. The aim of this paper is to propose an account of the source of that unease, and to evaluate its plausibility. I trace foundational unease with algorithmic decision-making in the law to the powerful intuition that there is a basic moral and legal difference between showing that something is true of many people just like you and showing that it is true of you. Human judgment attends to the exception; automation insists on blindly applying the rule. I show how this intuitive thought is connected to both epistemological arguments about the value of statistical evidence, as well as to court-centered conceptions of the rule of law. Unease with algorithmic decision-making in the law thus draws on an intuitive principle that underpins a disparate range of views in legal philosophy. This suggests the principle is deeply ingrained. Nonetheless, I argue that the powerful intuition is not as decisive as it may seem, and indeed runs into significant epistemological and normative challenges. At an epistemological level, I show how concerns about statistical evidence's ability to track the truth can be resolved by adopting a probabilistic, rather than modal, conception of truth-tracking. At a normative level, commitment to highly individualized decision-making co-exists with equally ingrained and competing principles, such as consistent application of law. This suggests that the “rule of law” may not identify a discrete set of institutional arrangements, as proponents of a court-centric conception would have it, but rather a more loosely defined set of values that could potentially be operationalized in multiple ways, including through some level of algorithmic adjudication. Although the prospect of replacing judges with algorithms is indeed unsettling, it does not necessarily entail unreasonable verdicts or an attack on the rule of law. (shrink)

In the evolving landscape of legal information systems, ChatGPT-4 and other advanced conversational agents (CAs) offer the potential to disruptively transform the law industry. This study evaluates commercially available CAs within the German legal context, thereby assessing the generalizability of previous U.S.-based findings. Employing a unique corpus of 200 distinct legal tasks, ChatGPT-4 was benchmarked against Google Bard, Google Gemini, and its predecessor, ChatGPT-3.5. Human-expert and automated assessments of 4000 CA-generated responses reveal ChatGPT-4 to be the first CA to (...) surpass the threshold of solving realistic legal tasks and passing a German business law exam. While ChatGPT-4 outperforms ChatGPT-3.5, Google Bard, and Google Gemini in both consistency and quality, the results demonstrate a considerable degree of variability, especially in complex cases with no predefined response options. Based on these findings, legal professionals should manually verify all texts produced by CAs before use. Novices must exercise caution with CA-generated legal advice, given the expertise needed for its assessment. (shrink)

Automated legal reasoning and its application in smart contracts and automated decisions are increasingly attracting interest. In this context, ethical and legal concerns make it necessary for automated reasoners to justify in human-understandable terms the advice given. Logic Programming, specially Answer Set Programming, has a rich semantics and has been used to very concisely express complex knowledge. However, modelling discretionality to act and other vague concepts such as ambiguity cannot be expressed in top-down execution models based (...) on Prolog, and in bottom-up execution models based on ASP the justifications are incomplete and/or not scalable. We propose to use s(CASP), a top-down execution model for predicate ASP, to model vague concepts following a set of patterns. We have implemented a framework, called s(LAW), to model, reason, and justify the applicable legislation and validate it by translating (and benchmarking) a representative use case, the criteria for the admission of students in the “Comunidad de Madrid”. (shrink)

. A heuristic search procedure for inventing legal arguments is built on two tools already widely in use in argumentation. Argumentation schemes are forms of argument representing premise‐conclusion and inference structures of common types of arguments. Schemes especially useful in law represent defeasible arguments, like argument from expert opinion. Argument diagramming is a visualization tool used to display a chain of connected arguments linked together. One such tool, Araucaria, available free at , helps a user display an argument on the (...) computer screen as an inverted tree structure with an ultimate conclusion as the root of the tree. These argumentation tools are applicable to analyzing a mass of evidence in a case at trial, in a manner already known in law using heuristic methods and Wigmore diagrams . In this paper it is shown how they can be automated and applied to the task of inventing legal arguments. One important application is to proof construction in trial preparation. (shrink)

The paper sets out the challenges facing the Police in respect of the detection and prevention of the volume crime of burglary. A discussion of data mining and decision support technologies that have the potential to address these issues is undertaken and illustrated with reference the authors’ work with three Police Services. The focus is upon the use of “soft” forensic evidence which refers to modus operandi and the temporal and geographical features of the crime, rather than “hard” evidence such (...) as DNA or fingerprint evidence. Three objectives underpin this paper. First, given the continuing expansion of forensic computing and its role in the emergent discipline of Crime Science, it is timely to present a review of existing methodologies and research. Second, it is important to extract some practical lessons concerning the application of computer science within this forensic domain. Finally, from the lessons to date, a set of conclusions will be advanced, including the need for multidisciplinary input to guide further developments in the design of such systems. The objectives are achieved by first considering the task performed by the intended systems users. The discussion proceeds by identifying the portions of these tasks for which automation would be both beneficial and feasible. The knowledge discovery from databases process is then described, starting with an examination of the data that police collect and the reasons for storing it. The discussion progresses to the development of crime matching and predictive knowledge which are operationalised in decision support software. The paper concludes by arguing that computer science technologies which can support criminal investigations are wide ranging and include geographical information systems displays, clustering and link analysis algorithms and the more complex use of data mining technology for profiling crimes or offenders and matching and predicting crimes. We also argue that knowledge from disciplines such as forensic psychology, criminology and statistics are essential to the efficient design of operationally valid systems. (shrink)

Childhood obesity is in important respects a result of legal policies that influence both dietary intake and physical activity. The law must shift focus away from individual risk factors alone and seek instead to promote situational and environmental influences that create an atmosphere conducive to health. To attain this goal, advocates should embrace a population-wide model of public health, and policymakers must critically examine the fashionable rhetoric of consumer choice.

Retrieval of relevant unstructured information from the ever-increasing textual communications of individuals and businesses has become a major barrier to effective litigation/defense, mergers/acquisitions, and regulatory compliance. Such e-discovery requires simultaneously high precision with high recall (high-P/R) and is therefore a prototype for many legal reasoning tasks. The requisite exhaustive information retrieval (IR) system must employ very different techniques than those applicable in the hyper-precise, consumer search task where insignificant recall is the accepted norm. We apply Russell, et al.’s cognitive task (...) analysis of sensemaking by intelligence analysts to develop a semi-autonomous system that achieves high IR accuracy of F1 ≥ 0.8 compared to F1 < 0.4 typical of computer-assisted human-assessment (CAHA) or alternative approaches such as Roitblat, et al.’s. By understanding the ‘Learning Loop Complexes’ of lawyers engaged in successful small-scale document review, we have used socio-technical design principles to create roles, processes, and technologies for scalable human-assisted computer-assessment (HACA). Results from the NIST-TREC Legal Track’s interactive task from both 2008 and 2009 validate the efficacy of this sensemaking approach to the high-P/R IR task. (shrink)

Generally, regulation is thought of as a constant that carries with it both a formative and conservative power, a power that standardises, demarcates and forms an order, through procedures, rules and precedents. It is dominantly thought that the singularity and formalisation of structures like rules is what enables regulation to achieve its aim of identifying, apprehending, sanctioning and forestalling/pre-empting threats and crime or harm. From this point of view, regulation serves to firmly establish fixed and stable categories of what norms, (...) customs, morals and behaviours are applicable to a particular territory, society or community in a given time. These fixed categories are then transmitted onto individuals by convention, ritual and enforcement through imperatives of law (and technology) that mark certain behaviours as permissible and others as forbidden, off bounds. In this manner, regulation serves a programming (i.e., a calculable or determinable) purpose. It functions as a pro-active management or as a mastery of threats, risks, crimes and harms that affect a society and its security both in the future and in the present. Regulation for instance, will inscribe and codify what it determines to constitute crime or harm such as pornography, incitement of terrorism, extremist speech, racial hatred etc. These determined or calculated/calculable categories will then be enforced and regulated (e.g. through automated filtering) in order to ensure a preservation of public order within society. Drawing mainly from deconstruction, this article situates law and technologies within a wider ecological process of texts, speech and writing i.e., communication. In placing regulation within disseminatory and iterable processes of communication, this article complicates, destabilises and critiques the dominant position of determinability and calculability within the regulatory operations of law. (shrink)

In a society marked by transnational migration and religious globalization, spatial factors are assuming a central role in the understanding of social relations. This is most prominent in urban areas, where the coexistence of culturally and religiously diverse subjects imposes a forced sharing of territory. Starting from a study of the semiotic concept of the city, the contribution aims first of all to explore the claimed right of the other to use public space through the creation of _aedes sacrae_. It (...) will show how the construction of a place of worship of a ‘minority’ religion can alter the pre-existing urban geography, leaving its imprint on space. Through a brief examination of the Italian constitutional jurisprudence on the so-called “anti-mosque” legislation, the paper will also outline a semantically relational conception of the religious building, offering a starting point for a rethinking of spatial organisation. An intercultural application of law is then needed insofar as the aim is towards a non-hegemonic polyphonic rewriting of urban territory. (shrink)

John Dewey, one of the most important thinkers of pragmatism, elaborated a specific conception of law partially and gradually in the long course of his intellectual career. This part of his broader philosophical outlook is analyzed here through one of its most important segments - application of law - and interpreted in its historical, social and cultural background. The first part of the article concentrates on the 'objective' reasons for giving emphasis to the application of law in his (...) legal philosophy. This domination of the application of law in his legal thought is derived from the needs of a rapidly changing structure of the American society in the first half of the XX century, and theoretically has its place in an all around phenomenon in American intellectual history in general that Morton White terms antiformalism. The second part of the article analyses his legal conceptions and their connection with the general philosophical position of this pragmatist. Dewey formed his conception of application of law as an integral part of his broader philosophical standpoint, and especially on the basis of his radical reinterpretation of logic and truth. Since his understanding of the legal process has roots in his experimentalist conception of logic that encompasses the apprehension of the process of experimentation as the only warrant for the validity of propositions, he regards application as conditio sine qua non of the legality of norms in general. This leads us to the last part of the article that scathes possible lines of critical approach to Dewey's work in this field. The view that the legality of norms is derived from their application is in legal theory often regarded as sociologism, inasmuch as it disregards the normative aspects of the legal process and emphasizes the social ones to the point of making it void of the normative aspects in the totality of the process itself. The proper understanding of possible lines of criticism of Dewey's standpoints in legal philosophy guides us back again to confront his conceptions with their cultural background, with which the article begins. Autor se u clanku bavi koncepcijom primjene prava u filozofiji Dzona Djuija, pragmatiste bez presedana u obuhvatnosti i temeljnosti bavljenja filozofskim problemima, cije je misljenje na ovim prostorima rijetko bilo predmet razmatranja. Zamisljen kao uvodno ispitivanje filozofsko-pravne problematike u Djuijevoj filozofiji, clanak u prvom dijelu razmatra odnos njegove filozofije prava i americkog kulturnog konteksta. U drugom dijelu je izlozeno Djuijevo shvatanje primjene prava i konfrontirano je s njegovim opstim filozofskim tezama, u prvom redu s koncepcijom logike kao 'ispitivanja ispitivanja'. Konacno, autor pokusava da ocrta osnovne smjernice kritickog pristupa Djuijevim rjesenjima filozofsko-pravnih problema. (shrink)

I graduated from law school in 1970 and I’ve been proud every day since of being a lawyer. My father was a lawyer, as are our two sons, and I’ve always seen lawyers as democracy’s warriors: the people who protect rights and by protecting rights protect justice. You law students are the future democracy warriors—actually, the future of democracy full stop—so this lecture is dedicated to you and to the hope that you will make justice your transcendent preoccupation, no matter (...) what you decide to do with your law degree. You are, after all, in law school where you have a window on what the law says—guided by your professors—and a window on what the law looks like outside the walls of your classrooms—guided by watching the news. (shrink)

There is much interest in moving AI out into real world applications, a move which has been encouraged by recent funding which has attempted to show industry and commerce can benefit from the Fifth Generation of computing. In this article I suggest that the legal application area is one which is very much more complex than it might — at first sight — seem. I use arguments from the sociology of law to indicate that the viewing of the legal (...) system as simply a rule-bound discipline is inherently nave. This, while not new in jurisprudence, is — as the literature of AI and law indicates — certainly novel to the field of artificial intelligence. The socio-legal argument provided is set within the context of AI as one more example of the failure of scientific success and method to easily transmit itself over into the social sciences. (shrink)

Artificial intelligence (AI) has attracted an increasing amount of attention, both positive and negative. Its potential applications in healthcare are indeed manifold and revolutionary, and within the realm of medical imaging and radiology (which will be the focus of this paper), significant increases in accuracy and speed, as well as significant savings in cost, stand to be gained through the adoption of this technology. Because of its novelty, a norm of keeping humans “in the loop” wherever AI mechanisms are deployed (...) has become synonymous with good ethical practice in some circles. It has been argued that keeping humans “in the loop” is important for reasons of safety, accountability, and the maintenance of institutional trust. However, as the application of machine learning for the detection of lumbar spinal stenosis (LSS) in this paper’s case study reveals, there are some scenarios where an insistence on keeping humans in the loop (or in other words, the resistance to automation) seems unwarranted and could possibly lead us to miss out on very real and important opportunities in healthcare—particularly in low-resource settings. It is important to acknowledge these opportunity costs of resisting automation in such contexts, where better options may be unavailable. Using an AI model based on convolutional neural networks developed by a team of researchers at NUH/NUS medical school in Singapore for automated detection and classification of the lumbar spinal canal, lateral recess, and neural foraminal narrowing in an MRI scan of the spine to diagnose LSS, we will aim to demonstrate that where certain criteria hold (e.g., the AI is as accurate or better than human experts, risks are low in the event of an error, the gain in wellbeing is significant, and the task being automated is not essentially or importantly human), it is both morally permissible and even desirable to kick the humans out of the loop. (shrink)

This work analyzes the history of the application of Islamic law (Shari`ah) in Nigeria. It analyzes how Islamic law emerged in Nigeria toward the beginning of the 19th century and remained applicable until the arrival of the British Colonial regime in Northern Nigeria in 1903. It sheds light on how the law survived colonial rule and continues until today. Dr. Yushau Sodiq analyzes progressive elements in Islamic law over the past two centuries. He goes on to discuss many objections (...) raised by the Nigerian Christians against the application of Islamic law, as well as how Muslims respond to such criticism. In a world that is often saturated with Islamophobia and ignorant misconceptions about Islam, this book aims to clarify and respond to many important concepts and ideas within Islamic religious tradition. (shrink)

This paper describes the Eunomos software, an advanced legal document and knowledge management system, based on legislative XML and ontologies. We describe the challenges of legal research in an increasingly complex, multi-level and multi-lingual world and how the Eunomos software helps users cut through the information overload to get the legal information they need in an organized and structured way and keep track of the state of the relevant law on any given topic. Using NLP tools to semi-automate the lower-skill (...) tasks makes this ambitious project a realistic commercial prospect as it helps keep costs down while at the same time allowing greater coverage. We describe the core system from workflow and technical perspectives, and discuss applications of the system for various user groups. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind (...) the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

Legal judgments are complex in nature and hence a brief summary of the judgment, known as a headnote , is generated by experts to enable quick perusal. Headnote generation is a time consuming process and there have been attempts made at automating the process. The difficulty in interpreting such automatically generated summaries is that they are not coherent and do not convey the relative relevance of the various components of the judgment. A legal judgment can be segmented into coherent chunks (...) based on the rhetorical roles played by the sentences. In this paper, a comprehensive system is proposed for labeling sentences with their rhetorical roles and extracting structured head notes automatically from legal judgments. An annotated data set was created with the help of legal experts and used as training data. A machine learning technique, Conditional Random Field, is applied to perform document segmentation by identifying the rhetorical roles. The present work also describes the application of probabilistic models for the extraction of key sentences and composing the relevant chunks in the form of a headnote. The understanding of basic structures and distinct segments is shown to improve the final presentation of the summary. Moreover, by adding simple additional features the system can be extended to other legal sub-domains. The proposed system has been empirically evaluated and found to be highly effective on both the segmentation and summarization tasks. The final summary generated with underlying rhetorical roles improves the readability and efficiency of the system. (shrink)

Since the proclamation of the Universal Declaration of Human Rights, over 165 countries have incorporated human rights standards into their legal systems: the resulting jurisprudence from diverse cultural traditions creates new dimensions to concepts first articulated in 1948. In this revised second edition, Nihal Jayawickrama draws on extensive sources to encapsulate the judicial interpretation of human rights law in one comprehensive volume. Jayawickrama covers the case law of the superior courts of 103 countries in America, Europe, Africa, Asia, the Caribbean (...) and the Pacific, as well as jurisprudence of human rights monitoring bodies. He analyses the judicial application of human rights law to demonstrate empirically the universality of contemporary human rights norms. This definitive volume is essential for legal practitioners, and government and non-governmental officials, as well as academics and students of both constitutional law and the international law of human rights. (shrink)

This article is aimed at representing the approaches of legal theory to the interaction between law and politics and to depict the main national features of the relationship between law and politics. The analysis is based on the adoption of methodology of fundamental work of Mauro Zamboni “Law and Politics”. The adoption of methodology was used only partially, while seeking to identify and clarify the features of static, dynamic and epistemological aspects of the relationship of law and politics in Lithuania. (...) Researchers have faced the problem of a diverse approach to the definitions of law and politics, and it has been resolved by focusing only to the researches representing the standpoint of legal theories. The analysis has led to the findings that there are reasonable grounds to assume that legal content (referring to the “static” aspect of law and politics) in Lithuania is flexible to outgoing politics. This implication is based on 1) the noticeable disproportion of legal regulation in different areas of social life, 2) law-making priority areas determined mostly by the choice of political actors will and 3) through changed execution of legal norms, prefering the forms which could be more cost effective (alternative dispute resolutions) and more suitable for changing social environment. What concerns the “dynamic” aspect of the relation between law and politics, it is implicated that there are backings for both open and closed law making, but at the same time more open legislative features are observed than the closed ones. This tendency is identified in the legislative process, where the help out of non-legal world is applied (using sociology) and the persistence of politicians to access and use the institutes of citizens’ legislative initiative (iniciatives for referendums or other legislative initiatives, the right to petition, etc.) is obvious. The reflection of „epistemological“ aspect of the relationship between law and politics in Lithuanian legal discipline reflects the general trend of international scientific community of law. It is considered to step back from the autonomous legal discipline concepts and in this way the appropriate conditions for incorporation of different categories from other scientific fields are created. On the other hand, a reserved cautious attitude of both researchers and research institutions on the conjunction of law and political science is observed. The interaction between law and economics and business or public relations is still prioritized. (shrink)

The obligation of a court to follow the law of a superior court is commonly taken to be stronger than the obligation of the higher court to respect its own precedent. The Supreme Court has recently asserted this stronger obligation in the most forceful terms. What follows is an attempt to demonstrate that this is wrong as a matter of policy and as a matter of law.

God presented each of us with the gift of human life, for which we each have a duty of stewardship. The complementary principles of totality and integrity provide moral guidance for decisions on whether specific acts are consistent with this obligation. Totality directs that anatomical completeness must not be sacrificed without proportional justification. Integrity focuses on maintaining basic human capacities and provides a hierarchical ordering of higher functions over lower functions for use in decision making. The decisions of secular American (...) courts rely heavily on statutory authority and case precedent. This essay explores whether the moral principle of totality and integrity is reflected in judicial opinions. The first part examines judicial decisions in cases in which the plaintiff’s desired outcome was consistent with the principle of totality and integrity. The second part analyzes judicial decisions in which the desired outcome was not consistent with this moral principle. National Catholic Bioethics Quarterly 12.1 (Spring 2012): 43–54. (shrink)

This article elaborates an interpretive and polemic on the study of law, starting from different coordinates to that of legal science in order to postulate an alternative to the understanding of law. For this work, we problematize and detach ourselves from its valuation as a science. We take as a basis the philosophical orientation that views science from the materialistic perspective of the Theory of Categorial Closure, in order to subsequently examine and conceive law as a techno-praxis in relation to (...) the three-dimensional theory as a conceptual framework, thus allowing to consolidate an usable project at the service of the legal researcher. (shrink)

We present a set of algorithms for automated simplification of symbolic constants of the form ∑iαixi with αi rational and xi complex. The included algorithms, called SimplifySum2 and implemented in Mathematica, remove redundant terms, attempt to make terms and the full expression real, and remove terms using repeated application of the multipair PSLQ integer relation detection algorithm. Also included are facilities for making substitutions according to user-specified identities. We illustrate this toolset by giving some real-world examples of its (...) usage, including one, for instance, where the tool reduced a symbolic expression of approximately 100 000 characters in size enough to enable manual manipulation to one with just four simple terms.2Available from https://github.com/alexkaiser/SimplifySum. (shrink)

Following the studies of Araujo et al. (AI Soc 35:611–623, 2020) and Lee (Big Data Soc 5:1–16, 2018), this empirical study uses two scenario-based online experiments. The sample consists of 221 subjects from Germany, differing in both age and gender. The original studies are not replicated one-to-one. New scenarios are constructed as realistically as possible and focused on everyday work situations. They are based on the AI acceptance model of Scheuer (Grundlagen intelligenter KI-Assistenten und deren vertrauensvolle Nutzung. Springer, Wiesbaden, 2020) (...) and are extended by individual descriptive elements of AI systems in comparison to the original studies. The first online experiment examines decisions made by artificial intelligence with varying degrees of impact. In the high-impact scenario, applicants are automatically selected for a job and immediately received an employment contract. In the low-impact scenario, three applicants are automatically invited for another interview. In addition, the relationship between age and risk perception is investigated. The second online experiment tests subjects’ perceived trust in decisions made by artificial intelligence, either semi-automatically through the assistance of human experts or fully automatically in comparison. Two task types are distinguished. The task type that requires “human skills”—represented as a performance evaluation situation—and the task type that requires “mechanical skills”—represented as a work distribution situation. In addition, the extent of negative emotions in automated decisions is investigated. The results are related to the findings of Araujo et al. (AI Soc 35:611–623, 2020) and Lee (Big Data Soc 5:1–16, 2018). Implications for further research activities and practical relevance are discussed. (shrink)

It has often been said that deconstruction leaves Derrida with nothing positive to say about politics. Critics of Derrida think that the application of deconstruction to politics fails because it overlooks the distinctiveness of political structures. By framing this paper from a case study into the theory of aporias in law and politics and back to the question of apartheid, I argue for a way in which Derrida’s deconstruction is at play both only on a theoretical level and also (...) on a practical level as a corrective to a given political situation. (shrink)

The proposed reflection intends to present the problem of judicial adjudication as a substantially-axiologically founded autonomous moment on the practical realization of law, and to explore this understanding in confrontation with external exigencies, mostly teleologically determined—hence, beyond strict deductive application, as a syllogistic reference of facts to norms, and finalistically determined decision, as an option among possible alternatives to achieve specific aims. The main objective is to enter into a discussion on the methodological meaning of “integrity”, “hard cases” and (...) “right answer”, as presented by Ronald Dworkin, and a critical reflection on the criticism of that approach levelled by Neil MacCormick, so as to confront the relevance of principle and policy arguments, in order to bring about a different methodological approach, an alternative jurisprudentialist conception of adjudication, incorporating a practical-normative constitutive dialectics between legal controversy and legal system, such as that presented by Castanheira Neves. The focus will, then, be the legitimacy of the connection of arguments of principle and consequentialist arguments in adjudication, its selection and its justification, stating, therefore, a specifically assumed judicium, a judicative decision, having the legal system as its horizon of normative reference and of substantial and institutional autonomy. (shrink)

Large-scale public datasets are vital for driving the progress of abstractive summarization, especially in law, where documents have highly specialized jargon. However, the available resources are English-centered, limiting research advancements in other languages. This paper introducesLAWSUIT, a collection of 14K Italian legal verdicts with expert-authored abstractive maxims drawn from the Constitutional Court of the Italian Republic.LAWSUITpresents an arduous task with lengthy source texts and evenly distributed salient content. We offer extensive experiments with sequence-to-sequence and segmentation-based approaches, revealing that the latter (...) achieve better results in full and few-shot settings. We openly releaseLAWSUITto foster the development and automation of real-world legal applications. (shrink)

Paolo Sandro’s book is the latest volume in Hart Publishing’s excellent ‘Law and Practical Reason’ series. The book’s theoretical scope is wide, engaging with analytical legal philosophy (of both A...

The article presents possible applications of Paul Ricoeur’s theory in interpretation of legal texts and legally relevant human action. One should notice that Paul Ricoeur developed a comprehensive interpretation theory of two seemingly distant phenomena: literary texts and human action. When interrelating these issues, it becomes possible, on the basis of Ricoeur’s work, to construct a unified theory of the interpretation of legal texts and of legally relevant human action. What is provided by this theory for jurisprudence is the possibility (...) of formulating a comprehensive theory of application of law, well established in the ontology of the recipient of the legal text. It should be emphasised that the resulting benefits, outlined in the article become particularly noticeable when set against the background of the methodological weaknesses of legal positivism, concerning both the interpretation of law and a syllogistic model of its application. (shrink)