This paper introduces a conjecture that laws of nature may be of different kinds, in particular that there may, in addition to laws which constrain outcomes, be laws which empower systems to direct or select outcomes and laws which guide systems in such selections. The paper defends this conjecture by suggesting that it is not excluded by anything we know, is plausible, and is potentially of great explanatory power.

The idea that nature is governed by laws and that the goal of science is to discover and formulate these laws, rose to prominence during the Scientific Revolution of the seventeenth century. It was manifestly held by the most significant actors of that revolution such as Galileo, Descartes, Kepler, Boyle, and Newton. But this idea was not new. In fact, it made an appearance in the Middle Ages, and it is likely to have emerged already in Antiquity.1In this (...) paper we pay close attention to the concept of law of nature in the writings of Roger Bacon, the outspoken Franciscan who promoted experimental science. We will be using Bacon as a test case to show that long before the... (shrink)

Legislation usually lacks a systematic organization which makes the management and the access to norms a hard problem to face. A more analytic semantic unit of reference (provision) for legislative texts was identified. A model of provisions (provisions types and their arguments) allows to describe the semantics of rules in legislative texts. It can be used to develop advanced semantic-based applications and services on legislation. In this paper an automatic bottom-up strategy to qualify existing legislative texts in terms of provision (...) types is described. (shrink)

The article considers the historical transformations of the law, and argues that many contemporary scientists are wrong to ignore it. The paper criticizes the approach to the status of laws, which is determined by the degree of their compliance with the criteria of objectivity and rationality. Instead, a classification is constructed that includes the laws of logic and mathematics, natural sciences, technology, as well as social and legal. To consider the processes of unfolding laws in the (...) evolution of reality, the concept of nomogenesis is used. The unification of laws is achieved due to the fact that they are all determined by the balance of their characteristic tendencies: objective / subjective, rational / extra-rational, determination / will. Special attention is paid to social and legal laws. The case of defining three social laws is offered. (shrink)

The emergence of so-called ‘gig work’, particularly that sold through digital platforms accessed through smartphone apps, has led to disputes about the proper classification of workers: Should platform workers be classified as independent contractors (as platforms typically insist), or as employees of the platforms through which they sell labor (as workers often claim)? Such disputes have urgency due to the way in which employee status is necessary to access certain benefits such as a minimum wage, sick pay, and so (...) on. In addition, classification disputes have philosophical significance because their resolution requires some foundational account of why the law should make a distinction between employed and freelance workers in the first place. This paper aims to fill this foundational gap. Central to it is the idea that employment involves a worker ceding certain freedoms in return for a degree of security, at least with respect to income. Insofar as the misclassification objection has force against digital platforms, it is when a platform is attempting to have it both ways: Workers are giving up freedom but not being granted a proportionate increase in security. As I shall explain, this approach offers some flexibility as to how actual disputes might be resolved – justice may be indifferent between whether platforms offer greater security or permit workers greater freedom, provided they do at least one of these things. (shrink)

The object of this study is the legal framework for the sale or purchase of company shares when the goal of the transaction is the sale of a business. The impact of such transactions on Lithuanian economic development underlines the importance of this study. The recent wave of mergers and acquisitions in Lithuania is likely to substantially increase the number of related legal disputes as well. Legislation on the purchase and sale of company shares and the resulting transfer of business (...) has been enacted in Lithuania only recently. The regulation of such cases remains rather unclear, few cases have been brought to court, and the topic has been barely addressed by legal scholarship in Lithuania to date. It is unclear whether the fact that the real purpose of the transaction is not a simple reassignment of company shares, but business transfer, results in any differences in the interpretation and application of the law. An especially delicate question, raised in Lithuania and other European countries, is whether the buyer may submit a warranty claim to the seller regarding the business acquired. (shrink)

Identifying the necessary and sufficient conditions for individuating and classifying diseases is a matter of great importance in the fields of law, ethics, epidemiology, and of course, medicine. In this paper, I first propose a means of achieving this goal, ensuring that no two distinct disease-types could correctly be ascribed to the same disease-token. I then posit a metaphysical ontology of diseases—that is, I give an account of what a disease is. This is essential to providing the most effective means (...) of interfering with disease processes. Following existing work in the philosophy of medicine and epidemiology (primarily Christopher Boorse; Caroline Whitbeck; Alexander Broadbent), philosophy of biology (Joseph LaPorte; D.L. Hull), conditional analyses of causation (J.L. Mackie; David Lewis), and recent literature on dispositional essentialism (Stephen Mumford and Rani Anjum; Alexander Bird), I endorse a dispositional conception of disease. Following discussion of various conceptions of disease-identity, their relations to the clinical and pathological effects of the diseases in question, and how diseases are treated, I conclude (i) that diseases should be individuated by their causes, and (ii) that diseases are causal processes best seen as simultaneously acting sequences of mutually manifesting dispositions. (shrink)

The rule of law and the law of nature -- The rule of law in Athenian democracy and Plato's Laws -- Protagoras on democracy and the rule of law -- Sophistic criticisms of the rule of law -- What make a law good? -- Plato's Socrates and the law codes of Athens -- The role of law in the classification of democratic constitutions in Aristotle, Pol. IV.

In many papers dealing with the stylistic features of legal texts, metaphor is highlighted as a stylistic figure often used in the language of law. On a daily basis we can witness the frequent use of metaphoric collocations like soft laws, hard laws, silent partner, hedge funds, etc. In this paper, the author analyses the use of denotations for colours as constituent parts of metaphoric collocations in the language of law. The analysis is conducted by using a comparative (...) approach to examples extracted by means of computer technology from international bills and conventions available online. In the main part of the paper, examples are classified by using a colour denotation as the main criterion for the classification. After that, the examples are compared with corresponding expressions used in German and Croatian. Taking into account the main principle of the Skopos translation theory that differences between cultures strongly influence the translation process, the hypothesis of this research is that in many cases there will be no lexical equivalence between collocations with colour denotation in three languages. Due to the fact that international bills and conventions build the corpus of the research, and that the English language has become the lingua franca of international communication, it can be expected that some metaphoric terms and collocations would be literally translated from English. Conclusions drawn from the comparative analysis of legal collocations containing denotations for colours can be interesting to lawyers and LSP teachers in the field of law. In this sense, results of the research can contribute to motivational aspects of teaching Legal English and Legal German. (shrink)

Did the Romans in their dealings with other nations outside Italy know of any international laws, and did such laws ever crystallise from scattered observances into a general system? This is an interesting question, but one not easy to answer.

Efficient thinking is the foundation of efficient operation. The correct definition of concepts, especially the basic ones for a given field, in order to reach the truth, is a condition for the development of science and its social utility. The Petrażycki’s research methodology of law is a thoroughly modern method, as it enables effective examination of the accuracy of contemporary legal theories created after Petrażycki’s input. A model contemporary theory susceptible to an examination through the research methodology of law by (...) Petrażycki is the normative theory of legal rules and non-legal standards by Dworkin. For this purpose some falsifications will be subject, i.e. selected ad hoc among many others, two important theories of normative law theory Dworkin. The first one is the thesis classifying legal norms into two groups of norms, namely legal rules and non-legal standards. The second one is a thesis about the existence of who are capable of discovering and issuing lawful and, at the same time, fair court decisions, which are also the only ones for resolving particular court disputes. Unfortunately, owing to the seemingly cognitive research methodology of Petrażycki, both Dworkin’s deformed division of legal norms as well as Dworkin’s Hercules judges - cannot stand the test of authenticity. Due to the Petrażycki’s methodology, the legal-normative theory of Dworkin does not lose an innovative outlook on the existence of social norms, which are being discovered by judges in the jurisprudence, indifferently to the doubts over their proper classification. Moreover, Dworkin’s theory is placed between naive theories, regardless of whether they are considered realistically naive theories or nihilistically naive theories A few random reflections on the well-known work of Dworkin with the help of Petrażycki’s methodology serve to provide a new perspective on the contemporary legal normativity. (shrink)

In this important work, Dr. Felipe Fierro offers a comprehensive view on the subject of Introduction to the Study of Law, in which he revives the use of Gnoseology, Philosophy, History and Logic as Auxiliary Sciences; and exposes how the abandonment of such has contributed to the exponential growth of Skepticism and Relativism, currently prevailing in the legal world. The above, through extensive experience in teaching Law from the Aristotelian-Thomistic platform, based on the elementary assumption that we must first prove (...) the existence of the object of study, and contrast main legal branches in topics such as: what is Law?, why is Science?, what are Law, Justice, Facultative rights and the Common Good?; supported by extensive and select bibliography. In addition, the being, nature, concept, essence and properties of the sources, fundamentals and classification are described. But important elements such as knowledge, order, principles, Jurisprudence, and Natural law, fundamental legal concepts, the legislative process, the Constitution, interpretation and others are not absent. Morality and Legal Law are obligatory markers, which although considered in their own field, are not excluded, but different as to object and method. Predominantly, Justice is exposed as one of the great values of the Law, and main theories in order to offer future lawyers the basis regarding the current Science of Law and its significance. (shrink)

ArgumentRecent studies of patents have argued that the very materiality and techniques of legal media, such as the written patent document, are vital for the legal construction of a patentable invention. Developing the centrality placed on patent documents further, it becomes important to understand how these documents are ordered and mobilized. Patent classification answers the necessity of making the virtual nature of textual claims practicable by linking written inscription to bureaucracy. Here, the epistemological organization of documents overlaps with the (...) grid of patent administration. How are scientific inventions represented in such a process? If we examine the process of creating a new patent category within the International Patent Classification (IPC), it becomes clear that disagreements about the substance of the novel inventive subject matter have been resolved by computer simulations of patent documents in draft classifications. The practical needs of patent examiners were the most important concerns in the making of a new category. Such a lack of epistemological mediation between the scientific and legal identities of an invention depicts a legal understanding that science is already inside patent law. From an internal legal perspective, the self-referential introduction of the new patent category may make practical sense; however it becomes problematic from a technological and scientific standpoint as the remit of the patent classification also affects other social contexts and practices. (shrink)

This paper describes the automated classification of legal norms in German statutes with regard to their semantic type. We propose a semantic type taxonomy for norms in the German civil law domain consisting of nine different types focusing on functional aspects, such as Duties, Prohibitions, Permissions, etc. We performed four iterations in classifying legal norms with a rule-based approach using a manually labeled dataset, i.e., tenancy law, of the German Civil Code ). During this experiment the \ score continuously (...) improved from 0.52 to 0.78. In contrast, a machine learning based approach for the classification was implemented. A performance of \ was reached. Traditionally, machine learning classifiers lack of transparency with regard to their decisions. We extended our approach using so-called local linear approximations, which is a novel technique to analyze and inspect a trained classifier’s behavior. We can show that there are significant similarities of manually crafted knowledge, i.e., rules and pattern definitions, and the trained decision structures of machine learning approaches. (shrink)

At the heart of chemistry lies the periodic system of chemical elements. Despite being the cornerstone of modern chemistry, the overall structure of the periodic system has never been fully understood from an atomic physics point of view. Group-theoretical models have been proposed instead, but they suffer from several limitations. Among others, the identification of the correct symmetry group and its decomposition into subgroups has remained a problem to this day. In an effort to deepen our limited understanding of the (...) periodic law, we have extended the traditional Lie algebraic framework to account for the peculiar degeneracy structure of the periodic system. Starting from the four-dimensional hidden symmetry and accidental degeneracy of the hydrogen atom, as first revealed by Fock in 1935, our research has mainly focussed on the way this SO(4) symmetry of the Coulomb potential gets broken in the periodic system as a consequence of the transformation of the hydrogenic (n, l) filling order to the Madelung (n+l, n) order due to electronic repulsions, relativistic effects and spin-orbit couplings. In this PhD dissertation, a new left-step format of the periodic table is first proposed on the basis of the Madelung rule. Following the particle physics tradition, the chemical elements are then considered as various states of some 'atomic matter', which is described by a non-compact spectrum-generating dynamical Lie group. The chemical elements are shown to form a basis for a single infinite-dimensional degeneracy space of the SO(4,2) ⊗ SU(2) group. An explanation for the period doubling is then proposed in terms of a particular symmetry breaking of the SO(4,2) group to the anti de Sitter SO(3,2) group. The Madelung rule is rationalised on the basis of nonlinear Lie algebras which reflect the screening of the Coulomb hole. This opens new perspectives for a symmetry-based understanding of how the periodic law emerges from its quantum mechanical foundations, and holds the future promise of complementing our current phenomenological approach by a direct atomic physics approach. (shrink)

Conditional constructions (if–then) enable us to express our thoughts about possible states of the world, and they form an important ingredient for our reasoning and argumentative capabilities. Different types and argumentative uses have been distinguished in the literature, but their applicability to actual language use is rarely evaluated. This paper focuses on the reliability of applying classifications of connections between antecedents and consequents of conditionals to discourse, and three issues are identified. First, different accounts produce incompatible results when applied to (...) language data. Second, a discrepancy between theory and data was observed in previous studies, which sometimes discard existing classifications for being detached from actual language use. Finally, language users construct various cognitive relations between clauses of conditionals without being able to rely on overt linguistic features, which poses problems for the annotation of conditionals in argumentation and discourse. This paper addresses these issues by means of comparing theoretical types and actual uses of conditionals, by inspecting the dispersion of types in natural-language corpora, and by conducting an experiment in which the inter-rater reliability of classifications was assessed. The results show that the reliability of classifications of conditionals when applied to language data is low. With respect to the aforementioned issues, different classifications produced incompatible results, a discrepancy between theory and data was indeed observed, and low reliability scores indicated a largely interpretative nature of types of conditionals. Given these results, suggestions for the enhancement of reliability in corpus studies of conditionals and beyond are provided to enhance future classification design. (shrink)

We propose an original use of techniques from random graph theory to find a Monadic ∑ 1 1 sentence without an asymptotic probability. Our result implies that the 0-1 law fails for the logics ∑ 1 1 and ∑ 1 1 . Therefore we complete the classification of first-order prefix classes with or without equality, according to the existence of the 0-1 law for the corresponding ∑ 1 1 fragment. In addition, our counterexample can be viewed as a single (...) explanation of the failure of the 0-1 law of all the fragments of existential second-order logic for which the failure is already known. (shrink)

The capacity to classify social groups legally is a central characteristic of modern states. Social groups, however, often resist the classificatory schemas of the state. This raises the following question: how do modern states exercise symbolic power in social fields beset by acute classification struggles? While existing scholarship has demonstrated that states exercise symbolic power, there has not been a concomitant effort to systematize and theorize the various strategies through which they do so. This article addresses this lacuna through (...) examining classification struggles centered on a number of “heterodox” religious groups that have historically been perceived as deviant from mainstream religions. Specifically, it looks at Falun Gong in China, Mormons in the United States, and Baha’is in Egypt. The analysis draws attention to three strategies through which states exercise symbolic power: coercive classification, wherein the deviant group is forcibly fixed as such in law; juridical normalization, whereby the deviant group is allowed to enter the mainstream by shedding “problematic” ritual practices; and legal erasure, whereby the deviant group is kept out of the official classificatory system so that it becomes a legal non-entity. In summary, this article both identifies the religious field as a critical domain in which states of various ideological orientations exercise symbolic power and deploys this analysis to identify distinct strategies through which they do so. (shrink)

The paper addresses the question of adaptation of existing regulatory frameworks in the face of innovation in biotechnologies, and specifically the roles played in this by various expert knowledge practices. We identify two overlapping ideal types of adaptation: first, the stretching and maintenance of a pre-existing legal framework, and second, a breaking of existing classifications and establishment of a novel regime. We approach this issue by focusing on varieties of regulatory knowledge which, contributing to and parting of political legitimacy, in (...) principle enable the making of legally binding decisions about risks and benefits of technologies. We base the discussion around two case studies, one of animal biotechnology ethical regulation, the other of ‘advanced therapy’ medicinal product regulation, both in the context of European Union frameworks. Specifically, we explore the knowledge configurations constituting expert committees and other institutional formations of expert regulatory knowledge in their political context. We show that where sectoral and moral boundaries are challenged, different modes of regulatory knowledge beyond scientific forms – legal, procedural, moral, economic and industrial – can shape regulatory innovations either by maintenance of regimes through commensuration and stretching, or through differentiation and separation creating new frameworks. We conclude that establishing an essential techno-scientific difference between pre-existing and novel technologies does not in itself require new regulatory structures, and that the regulatory strategy that is followed will be determined by a combination of different forms of knowledge. (shrink)

Historians of science and technology and STS practitioners have always taken intellectual property very seriously but, with some notable exceptions, they have typically refrained from looking “into” it. There is mounting evidence, however, that they can open up the black box of IP as effectively as they have done for the technosciences, enriching their discipline while making significant contributions to legal studies. One approach is to look at the technologies through which patent law construes its object – the invention – (...) in specific settings and periods by examining procedures, classifications, archives, models, repositories, patent specifications (in both their linguistic and pictorial dimensions), and the highly specialized language of patent claims. More ambitiously, we could treat intellectual property as a technology itself. Patent law does not evolve either by merely articulating its doctrine in response to technological developments. The line between what does and does not count as invention may be redrawn with the emergence of new objects and technologies, but is not determined by them. It is this constructive feature of the law that we are trying to capture with the notion of law as technology. We hope that thinking about the technologies of the law and the law as technology will bring into question what we mean by both “technology” and “law”. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Symbolic Classification and The Emergence of a Metaphysics of CausalityOwen Goldinwhat is distinctive about metaphysics as a mode of thought that emerged in the fifth century before the Common Era? How did it emerge out of early ways of conceptualizing the world as a whole, and why? Many answers have been proposed. One common view is that earlier modes of thought personify natural agencies; once this is abandoned, (...) the way is open for discerning more complex regularities among natural events.1 Another view is that the process of "rationalization" introduced by the Greeks involves an implicit appeal to the individual's natural intelligence, in contrast to a dependence on an "inherited stock of wisdom."2 A third view is that the first Greek philosophers introduced inference as a way of navigating conceptual relationships, independent of the sorts of personal interactions among divinities related in mythical narrative.3 According to a fourth account, the mode of rationality that allowed for the development of ancient Greek metaphysics was a social [End Page 3] practice with the aim of persuasion, brought on by more democratic involvement in societal deliberations concerning law and policy.4To these I add a fifth way of answering the question. Crucial to the emergence of Greek metaphysics is explicit distinction of ontological/causal priority and posteriority. Ancient Greek scientific explanations developed out of older, archaic modes of conceptualization, which I maintain have deep parallels with modes of conceptualization shared by many nonliterate cultures. Such modes of thought rest on an implicit worldview which can be called a metaphysics, in a loose sense, and are still worthy of philosophical consideration.I begin with a red flag that will be raised for many as soon as we start talking about the metaphysical traditions of nonliterate cultures. What counts as a metaphysical tradition? I make some distinctions. In the loosest sense, an account or tradition is metaphysical if it reflects a coherent worldview concerning the kinds of beings that there are and how they are related to one another. According to a stricter sense of the term, a tradition is metaphysical if it involves working through this worldview in an explicit and systematic matter. In an even stricter sense, a tradition is metaphysical if, in addition to being explicit and systematic, it merits being classified as "philosophical," itself not an unproblematic term. I here stipulate that an account is philosophical if it does not rest on premises that are specific to certain cultural traditions and employs inferential arguments that are in principle subject to refutation.Generally speaking, there are two ways in which a tradition that is metaphysical in the strictest sense can listen to one that is metaphysical in a looser sense. First, a metaphysician might examine the latter tradition in order to explore how, historically, it served as the root for the former. An example is Aristotle's interest in Hesiod as expressing metaphysical intuitions that later philosophers unpacked.5 By studying [End Page 4] the ontological presuppositions of the sort of account from which our own metaphysics is derived, one learns more about our own ontological presuppositions and what we gain from them.6 This sort of dialogue carries with it the danger that the later thinker presupposes that—in the spirit of "you have to start somewhere"—the earlier thinkers were simply doing a bad job working through their own theories; Aristotle has often been accused of precisely this.7Another sort of dialogue is possible as well. An alternative metaphysical tradition can reveal the possibility of a radically different way of conceptualizing the causal and ontological structure of the world, one with its own advantages. In such a case there is shared set of problems at issue, shared points of reference within the philosophical literature, and a shared understanding of what philosophical argument is. But philosophical insight might also emerge from the kind of dialogue in which a developed metaphysics that conforms to certain standards of inferential argument confronts a way of thinking that is metaphysical in a looser sense. A substance-based ontologist can be led to reflect on whether the world has to be cut up as she does by studying Aztec... (shrink)

This paper reviews the history of AI & Law research from the perspective of argument schemes. It starts with the observation that logic, although very well applicable to legal reasoning when there is uncertainty, vagueness and disagreement, is too abstract to give a fully satisfactory classification of legal argument types. It therefore needs to be supplemented with an argument-scheme approach, which classifies arguments not according to their logical form but according to their content, in particular, according to the roles (...) that the various elements of an argument can play. This approach is then applied to legal reasoning, to identify some of the main legal argument schemes. It is also argued that much AI & Law research in fact employs the argument-scheme approach, although it usually is not presented as such. Finally, it is argued that the argument-scheme approach and the way it has been employed in AI & Law respects some of the main lessons to be learnt from Toulmin’s The Uses of Argument. (shrink)

The re-examination of the classification of modern armed conflicts is done through the analysis of humanitarian law and the available data on armed conflicts, by combining the legal, political and ethical dimensions of war and the statistical indicators of modern conflicts.The author answers the questions about: Defining the conflict according to the various philosophical, social and legal criteria with the cultural, legal and political basis of the war and the corresponding reasons for the occurrence and prolongation of the conflicts; (...) and the main trends of the conflicts through the numerous presences of the conflicts on the global scene, the number of victims, the regional displacement of the conflicts and the role of the Islamic State.In the analysis of the conflicts, the complexity of the modern conflicts through the expanded categories of victims and combatants, as well as the need for the protection of the victims, are emphasized.Hence the research touches on the issue of the applicability of the legal and illegal combatant categories and the corresponding immunity that follows them.Researching the trends of modern armed conflicts cannot avoid the ethical dimensions surrounding the category of child soldiers. From a methodological point of view, the problem of determining precise statistics for the indirectly killed civilians, who continue to represent the largest category, remains unsolved. (shrink)

Judgments concerning animals have arisen across a variety of established practice areas. There is, however, no publicly available repository of judgments concerning the emerging practice area of animal protection law. This has hindered the identification of individual animal protection law judgments and comprehension of the scale of animal protection law made by courts. Thus, we detail the creation of an initial animal protection law repository using natural language processing and machine learning techniques. This involved domain expert classification of 500 (...) judgments according to whether or not they were concerned with animal protection law. 400 of these judgments were used to train various models, each of which was used to predict the classification of the remaining 100 judgments. The predictions of each model were superior to a baseline measure intended to mimic current searching practice, with the best performing model being a support vector machine (SVM) approach that classified judgments according to term frequency—inverse document frequency (TF-IDF) values. Investigation of this model consisted of considering its most influential features and conducting an error analysis of all incorrectly predicted judgments. This showed the features indicative of animal protection law judgments to include terms such as ‘welfare’, ‘hunt’ and ‘cull’, and that incorrectly predicted judgments were often deemed marginal decisions by the domain expert. The TF-IDF SVM was then used to classify non-labelled judgments, resulting in an initial animal protection law repository. Inspection of this repository suggested that there were 175 animal protection judgments between January 2000 and December 2020 from the Privy Council, House of Lords, Supreme Court and upper England and Wales courts. (shrink)

A stable classification of practical principles into mutually exclusive types is foundational to Kant’s moral theory. Yet, other than a few brief hints on the distinction between maxims and laws, he does not provide any elaborate discussion on the classification and the types of practical principles in his works. This has led Onora O’Neill and Lewis Beck to reinterpret Kant’s classification of practical principles in a way that would clarify the conceptual connection between maxims and (...) class='Hi'>laws. In this paper I argue that the revised interpretations of O’Neill and Beck stem from a mistaken reading of the fundamental basis of the classification of practical principles. To show this, I first argue that Kant distinguishes between maxims and laws on the bases of validity and reality. I then argue that although a practical principle necessarily has the feature of validity, its reality in actually moving the agents to action sufficiently makes a principle a practical principle. If this is so, I argue that the classification of practical principles must be based on the extent to which they are effective in human agents. Such a classification yields us three exhaustive and mutually exclusive types namely, “maxims that are not potential laws”, “maxims that are potential laws” and “laws that are not maxims”. (shrink)

ArgumentHere I analyze the anatomical thought of the French physician and naturalist Félix Vicq d'Azyr (1748–1794) in order to bring to light its importance in the development of comparative anatomy at the end of the eighteenth century. I argue that his work and career can be understood as an ambitious program for a radical reform of all biomedical sciences and a reorganization of this whole field around comparative anatomy, on the conceptual as well as the institutional level. In particular, he (...) recommended a close connection between anatomical and physiological studies, and a generalization of the comparative approach towards organs and functions in man and animals. This conception led him not only to reform the scope, the methods, the style of description, and the vocabulary in anatomy, but also to construct a new classification of living beings and to pursue a quest for laws of organization. This strategy was successful, since Vicq d'Azyr was able to promote his thought as well as his institutional position efficiently. The Revolution and his untimely death prevented him from achieving his program, but his attempt would serve as an example for younger scientists like Cuvier. (shrink)

This paper addresses the conceptual as well as social origins of Mendeleev’s discovery of the periodic law and its reception by the chemical community by taking account of three factors: Mendeleev’s early research and its relevance to the discovery; his concepts of chemistry, especially that of the chemical elements; and the social context of the discovery and the reception in the chemical community. Mendeleev's clear distinction between abstract elements and simple bodies was a departure from Lavoisier’s famous definition of elements (...) as an endpoint of analysis and originated from his research in indefinite compounds. As a comparison, the paper also analyzes Lothar Meyer’s approach to the classification of the elements. Mendeleev’s new concept of chemical elements and the existence of an audience in the form of the newly established Russian Chemical Society, and his ``German connection'', helped Mendeleev in his discovery and its reception. (shrink)

Automated classification of legal documents has been the subject of extensive research in recent years. However, this is still a challenging task for long documents, since it is difficult for a model to identify the most relevant information for classification. In this paper, we propose a two-stage supervised learning approach for the classification of petitions, a type of legal document that requests a court order. The proposed approach is based on a word-level encoder–decoder Seq2Seq deep neural network, (...) such as a Bidirectional Long Short-Term Memory (BiLSTM) or a Bidirectional Encoder Representations from Transformers (BERT) model, and a document-level Support Vector Machine classifier. To address the challenges posed by the lengthy legal documents, the approach introduces a human-in-the-loop approach, whose task is to localize and tag relevant segments of text in the word-level training part, which dramatically reduces the dimension of the document classifier input vector. We performed experiments to validate our approach using a real-world dataset comprised of 270 intermediate petitions, which were carefully annotated by specialists from the 15th civil unit of the State of Alagoas, Brazil. Our results revealed that both BiLSTM and BERT-Convolutional Neural Networks variants achieved an accuracy of up to 95.49%, and also outperformed baseline classifiers based on the Term Frequency–Inverse Document Frequency test vectorizer. The proposed approach is currently being utilized to automate the aforementioned justice unit, thereby increasing its efficiency in handling repetitive tasks. (shrink)

The laws governing degeneration of the genetic code are discussed below. Of fundamental importance in this context is the classification of the amino acids into groups on the basis of the physicochemical behaviour of their residues. From this, it is possible to formulate arithmetic relationships between the number of amino acids in the same group and the number of coding triplets.It is found that the degeneration of the genetic code obeys certain laws, the reasons for this being (...) related to the number and the qualitative properties of the amino acids and triplets. The fact that the three bases of a coding triplet have different priorities must also be a critical factor. (shrink)

This paper examines the representation of mental illness and mental disorder in the Washington Community Protection Act of 1990 (WCPA), the first package of sexual predator legislation passed in the United States. I focus on the public outcry over a violent crime committed by a repeat sexual offender, Earl Shriner, and show how the act was drafted in direct response to this outcry. Following his arrest, there was a public discussion of a) whether the state had a responsibility to cure (...) individuals like Shriner before releasing them, and b) whether sex offenders could be cured at all. The WCPA was a landmark law because it shifted forensic psychology in the use of sexual criminals from an intervention model to a containment model, from a model that sought to separate out those sexual criminals who could be treated to a model that separated out sexual criminals because they could not be treated. I demonstrate here that this shift was made in response to the representation of Earl Shriner as a member of a group classified by legislators as having a coherent, recognizable and untreatable mental disorder that caused them to commit acts of sexual violence. (shrink)

The concepts of issue and status are more different than is currently assumed. Apart from differences between the classifications of statements they are related to, there are differences between their definitions. The respective functions of pleadings and of inventio account for most of these differences.

The subject of general utterances (al-lafdh al-āmm) being certain or presumptive in their usage as an indication to all their members is controversial amongst the methodists. Ḥanafī methodists suggest that the indication of general utterances to all of their members as certain and unless they are specified with a certain evidence, they can’t be specified with a presumptive evidence. Like the ḥanafī methodists, the ẓāhirī methodists also suggest that the general utterance is certain indicant for all of its members and (...) can be specified only with another evidence in the same rank. The main difference between the two groups focuses on whether al-khabar al-wāhid (single prophetic narration) is a certain or a presumptive evidence in terms of certitude. According to ḥanafīs, al-khabar al-wāhid is a presumptive evidence and unless the general utterances in Qur’ān are specified initially with another certain evidence, they can’t be specified with al-khabar al-wāhid. However, al-khabar al-wāhid is a certain evidence according to ẓāhirīs and it can specify general utterances in Qur’ān. In this study, the comparison of the views of the methodists of two schools regarding the indication of general utterances in Quran and their specification (takhsīs) with al-akhbar al-wāhid is made and their influence on Islamic Law regulations is studied afterwards. In this study, the two sect’s approaches are compared over the provision of reading al-Fatehah during prayer, the number of milk sucking to establish the kinship, the rights of women divorced with bain talaq and the execution of the death penalty in the Harem region.Summary: The purpose of this study is to try to demonstrate that an assertion in the Ph.D. thesis, The History and Doctrine of Ẓāhirī Madhhab, completed by Amr Osman in 2010 is incorrect. It can be summarized that in his study, Amr Osman claims that the affiliation of the schools to ahl-al-hadith and ahl-al-ra’y in conventional classification is wrong. According to him, contrary to what is known, the School of Ẓāhiriyya is closer to School of Ḥanafiyya rather than schools coming out of ahl-al-hadith. In this study, one of the arguments that he relied on to support his claim is studied in order to prove that his claim was inaccurate. Osman claims that ẓāhirīs are closer to ḥanifīs, based on the view that in both schools the general utterances embrace all of their members in their usage and they are a certain indicant to all of their members. At this stage, although the views of both schools are common, the ḥanifīs don’t accept the idea that the general statements of Qur’ān can be established with al-khabar-al-wāhid, those which they acknowledge as presumptive as of certitude. However, according to the ẓāhirīs, the certitude of al-khabar al-wāhid is as precise as the narrated report, so it can specify the general statements of Qur’ān which are in equal power. The related dispute between the schools has been reflected on many Islamic law regulations. Some of them are:1. Ḥanafīs state that the correct Quranic prayer may be performed by reading any or a few verses of the Qur’ān in prayer, which is a practice based on the verse “Read what you can read from the Qur’ān now”. On the other hand, the ẓāhirīs have established the related order based on the report “There is no prayer without reading Umm Al-Quran (Surah al-Fatehah)” and it is obligatory (fardh) to read Surah al-Fatehah in prayers.2. Because that the terms milk-mother and milk sister are in general form in the verse “It is forbidden to you to marry these people...Your milk-mothers who nursed you, your milk-sisters who nursed you” the ḥanafīs clarify that it is sufficient for a child to breastfeed only one time in order to form a milk-kinship. They do not act in accordance with the solitary report (al-khabar-al-wāhids) which indicate that the milk kinship specifying the verse shall only be formed with at least three or five breastfeeding. However, one of the ẓāhirīs, Dāwūd al-Ẓāhirī, has specified the verse with the report indicating that the kinship shall not be formed with less than three breastfeeding by the child, and Ibn Ḥazm has specified it with Salim hadith which indicates that the kinship shall be formed with five breastfeeding.3. According to ḥanafīs, there is an alimony and inhabiting right of the widow woman to be procured by the husband within the period of delay who divorced her either with irreversible divorce (talāq al-bāin) or reversible divorce (talāq al-ric‘ī) according to the generalization of the verse “Give shelter to them (the women you have divorced) in some part of your household within your capacity.” They did not act with the report of Fātima binti Qays, who specified the generalization of the verse. On the other hand, the ẓāhirīs recognize the abovementioned rights only for the women who got divorced with irreversible divorce or the ones who are pregnant, specifying the verse with the report indicating that His Holiness the Prophet does not grant alimony and inhabiting to the woman who was divorced with reversible divorce.4. According to ḥanafīs, the criminal who committed a crime that would require a death penalty and took refuge in the Harem region could not be executed while in Ḥarem, according to the common statement of the verse, “Whoever enters there, will be safe.” Dāwūd al-Ẓāhirī, one of the ẓāhirīs has specified the verse with the report indicating that His Holiness the Prophet has authorized the execution of the sentence to Ibn Khattal in Ḥarem on the day of the conquering of Mecca and he states that the death sentence can be executed wherever the criminal is caught, even if it is inside the Harem. Ibn Ḥazm shares the same view with ḥanafīs regarding the provision of this issue. However, the reason for his opinion stems from the fact that the report about Ibn Khattal was an event specific to that day. As it is seen, even though the ḥanefīs and ẓāhirīs share the same opinion about the general utterances being a certain indicant to all their members, they have disagreements upon the argument about the general utterances of Quran being specified by al-khabar al-wāhid and many Islamic Law regulations have been issued by these schools based on such disagreements. According to us, in the final analysis, Amr Osman’s claim must be met with caution. (shrink)

Comparative law is necessary in the modern era in which legal systems absorb ideas and elements from other legal systems and customary legal classifications are altered. Comparative law is closely intertwined with language because the research of different legal systems presupposes the study of legal texts written in different languages. Even if translation exists, a totally crucial issue arises: can the legal essence of the case law of a country be interpreted appropriately in any language but the original? The link (...) between law and language constitutes an absolutely essential relation, since language – through translation – is often the only way of accessing foreign law of foreign countries with different languages. So, the aforementioned relationship as well as its results in case law will be the main topic of this article. First of all, the use of language is of outmost importance to any legal system, as it serves as the means of enforcing written legal rules and contributes to their dissemination, codification and evolution. Both law and language are cultural phenomena and this is why they must be studied taking into account the temporal and social circumstances. Living in the era of multicultural societies and immigration, the need of not just translating but rather transferring the legal essence of the jurisprudence among the different countries with different cultures give prominence to the essential link between comparative law and language systems. Studying case law is regarded as a possibility to redirect judges and lawyers’ attention to the fact that the interpretation of the legal judgement is the cornerstone of a whole legal system of another country. The dynamic relationship of law and language dictates the result of the translation and interpretation of the case law of a specific country in relation to the case law of another country. Thus, comparative law comes out to serve as the guardian of the legal essence in order to transfer the legal point of the judge among different societies with different languages. (shrink)

When studying the work of Émile Durkheim, scholars must consider how his intellectual development in a traditional Jewish environment contributed to and informed his ideas. This article details how Durkheim’s upbringing endowed him with a traditional rabbinic thought-model. The author analyzes five of Durkheim’s major works to argue that the system of classification, language, and style of argument Durkheim used to define concepts in his scholarship mirror streams of rabbinic thought. The article builds off the sociology of knowledge to (...) illuminate how Durkheim employed his codified knowledge of biblical texts and modern Jews to bolster his arguments, and reveals the subtler ways he demonstrates his tacit knowledge of the texts and argument styles. The article ends with an exploration of how conceptual frameworks from the sociology of knowledge may be applied to other leading sociological thinkers—how the modes of thinking instilled during formative years may orient scholarship and the benefits and limitations of this approach. (shrink)

In natural language processing (NLP), named entity recognition (NER) and semantic classification are essential tasks. NER is a fundamental task, that identify named entities in text such as people, organizations, and locations. In Legal domain, NER is particularly important due to the variety of named entities that appear in legal documents and are important for legal analysis whereas Semantic classification is the process of giving each sentence in a text a semantic label, such as ”fact,””arguments,” or”judgement”. Both NER (...) and Semantic classi- fication are critical component of many NLP applications such as Knowledge base construction and semantic search. Semantic searching of legal documents is a powerful technique that can be used to quickly find the information that you need. By combining NER and semantic classification, one can identify the key elements of a legal document and search for documents that are related to a particular topic or contain a particular type of information. This paper proposes a novel approach to NER and Semantic classification in legal domain using Long short-term memory (LSTM) model. The proposed approach is evaluated on a corpus of legal text and the result of this study suggest that LSTM models are a promising approach for NER and Semantic classification in legal domain and can be used to improve the performance of semantic searching of legal documents. (shrink)

An attempt to present a classification under which all the law can be brought into scientific arrangement.

During the last quarter of the twentieth century, the humanities and social sciences have turned toward history, something that culminated in the 1990s, and this phenomenon was evident in law as well. However, until recently, law and economics, the most influential post-World War II jurisprudential movement, was a-historical in its methodology and research agenda. The first objective of this article is to call attention to this neglected characteristic of law and economics and to explain its causes by analyzing its intellectual (...) origins, its methodological causes, and the nature of its interaction with other sub-fields of law and of economics. The second objective of the article is to identify a change-in-the-making and its characteristics. Law and economics scholars have turned to history more often and for new purposes in recent years. The article identifies the set of factors that brought about this turn to history. These factors include: a growing willingness to conduct empirical research; the integration of public choice analysis into mainstream law and economics; preliminary comparative law and economics studies; a growing interaction between law and economics and new institutional economics; and the importation of the concept of path dependency and of greater awareness of past burdens from other quarters of economic theory. Finally, the article examines the concrete ways in which these developments are being realized, by pointing out the various uses of history evident in specific law and economics studies conducted in recent years. It suggests a classification of this growing literature into six distinct uses of history, four of them emerging only in recent years. The general aim of this article is to enhance awareness among law and economics scholars of the actual and potential uses of history. The article further seeks to connect law-and-economics historical studies to other relevant historical works so that the law and economics inquiry will not be conducted in a disciplinary vacuum. It thus calls to the attention of legal historians and economic historians the new literature published in the field of law and economics. Finally it is also directed at scholars interested in the intellectual history of jurisprudence and in the methodological turn to history in the social sciences. (shrink)

Pharmacists with religious or ethical objections to prescribing emergency contraception won the latest round in the fight over conscience clauses in a case that could have broader implications for attempts to restrict access to contraception. In Stormans, Inc. v. Selecky, a federal District Court in Washington State granted an injunction to block the enforcement of regulations that would have forbidden pharmacists to refuse to dispense emergency contraception on the grounds of religious or ethical objections. In its decision, the court applied (...) Supreme Court abortion precedent without explicitly ruling whether emergency contraception should be legally categorized as a form of abortion or as contraception. However, the legal status of emergency contraception affects the strength of the defendants’ claims that the law was justified on the grounds of preventing sex discrimination. In neglecting to rule one way or the other, the court not only failed to adequately consider the sex discrimination claim but also may have opened the door to more restrictive regulation on contraceptives generally. (shrink)

Duhem's discussion of physical theories as natural classifications is neither antithetical nor incidental to the main thrust of his philosophy of science. Contrary to what is often supposed, Duhem does not argue that theories are better thought of as economically organizing empirical laws than as providing information concerning the nature of the world. What he is primarily concerned with is the character and justification of the scientific method, not the logical status of theoretical entities. The crucial point to notice (...) is that he took the principle of the autonomy of physics to be of paramount importance and he developed the conception of natural classification in opposition to accounts of physical theories that contravened it. (shrink)

It has not been sufficiently considered in philosophical discussions of ceteris paribus (CP) laws that distinct kinds of CP-laws exist in science with rather different meanings. I distinguish between (1.) comparative CP-laws and (2.) exclusive CP-laws. There exist also mixed CP-laws, which contain a comparative and an exclusive CP-clause. Exclusive CP-laws may be either (2.1) definite, (2.2) indefinite or (2.3) normic. While CP-laws of kind (2.1) and (2.2) exhibit deductivistic behaviour, CP-laws of (...) kind (2.3) require a probabilistic or non-monotonic reconstruction. CP-laws of kind (1) may be both deductivistic or probabilistic. All these kinds of CP-laws have empirical content by which they are testable, except CP-laws of kind (2.2) which are almost vacuous. Typically, CP-laws of kind (1) express invariant correlations, CP-laws of kind (2.1) express closed system laws of physical sciences, and CP-laws of kind (2.3) express normic laws of non-physical sciences based on evolution-theoretic stability properties. (shrink)

The A-theory of time has intuitive and metaphysical appeal, but suffers from tension, if not inconsistency, with the special and general theories of relativity (STR and GTR). The A-theory requires a notion of global simultaneity invariant under the symmetries of the world's laws, those ostensible transformations of the state of the world that in fact leave the world as it was before. Relativistic physics, if read in a realistic sense, denies that there exists any notion of global simultaneity that (...) is invariant under the symmetries of the world's laws. If physics is at least a decent guide to metaphysics--as sympathies for scientific realism would suggest--then relativistic physics supports the B-theory. If there were a physically natural way to modify the symmetries of the physical laws so as to remove those that are repugnant to the A-theory, while retaining empirical adequacy, then such an altered physics might be attractive to the A-theorist and would weaken the support given by relativity to the B-theory. I exhibit a way to do so here, displaying a Lagrangian density explicitly containing distant simultaneity, yet implying Einstein's field equations. The modification involves a change in the nature of the lapse function and makes use of the Dirac-Bergmann formalism of constrained dynamics, which recently has been discussed much by John Earman. Here this formalism is adapted slightly to permit both local and global generalized coordinates. A classification of senses in which time might be absolute or not is made along the way. Some suggestions for extending the work by finding a first principles motivation are made. An appendix outlines an argument why many local presents are insufficient and a global present is attractive, while two more appendices review the Dirac-Bergmann apparatus for GTR and then apply it to the theory at hand. (shrink)

REASON, SKEPTICISM, REVOLUTION, AND COMMON SENSE--these are the four characteristics which Henry F. May has found to designate the four categories, or stages, in the development of the Enlightenment in Europe and America. These categories, useful for the classification, description, and analysis of the copious intellectual and cultural materials which comprise the Enlightenment, overlap in the formulation of basic documents--the Declaration of Independence, the Constitution of the United States, and the Bill of Rights, which are fundamental American laws. (...) The interweaving of reason and revolution in the Declaration of Independence and the Constitution of the United States has been examined by direct references to the European philosophers whose ideas were employed, with modifications, and implemented by means of newly invented institutions on the part of the American founders. The ideas of Locke, Montesquieu, Burlamaqui, Hutcheson, Hume, and many other thinkers, became instruments of political change in the hands of the Americans. Revolution, moderated by reason and common sense, led to constitution, in order to secure the gains of revolution. (shrink)

Modeling law search and retrieval as prediction problems has recently emerged as a predominant approach in law intelligence. Focusing on the law article retrieval task, we present a deep learning framework named LamBERTa, which is designed for civil-law codes, and specifically trained on the Italian civil code. To our knowledge, this is the first study proposing an advanced approach to law article prediction for the Italian legal system based on a BERT (Bidirectional Encoder Representations from Transformers) learning framework, which has (...) recently attracted increased attention among deep learning approaches, showing outstanding effectiveness in several natural language processing and learning tasks. We define LamBERTa models by fine-tuning an Italian pre-trained BERT on the Italian civil code or its portions, for law article retrieval as a classification task. One key aspect of our LamBERTa framework is that we conceived it to address an extreme classification scenario, which is characterized by a high number of classes, the few-shot learning problem, and the lack of test query benchmarks for Italian legal prediction tasks. To solve such issues, we define different methods for the unsupervised labeling of the law articles, which can in principle be applied to any law article code system. We provide insights into the explainability and interpretability of our LamBERTa models, and we present an extensive experimental analysis over query sets of different type, for single-label as well as multi-label evaluation tasks. Empirical evidence has shown the effectiveness of LamBERTa, and also its superiority against widely used deep-learning text classifiers and a few-shot learner conceived for an attribute-aware prediction task. (shrink)

In this essay, I argue for the rejection of Vihvelin's ‘Three-fold Classification’ , a nonstandard taxonomy of free-will compatibilism, incompatibilism, and impossibilism. Vihvelin is right that the standard taxonomy of these views is inadequate, and that a new taxonomy is needed to clarify the free-will debate. Significantly, Vihvelin notes that the standard formal definition of ‘incompatibilism’ does not capture the historically popular view that deterministic laws pose a threat to free will. Vihvelin's proposed solution is to redefine ‘incompatibilism.’ (...) However, Vihvelin's formal definition of ‘incompatibilism’ is flawed according to her own arguments. In addition, Vihvelin's characterization of ‘compatibilism’ is incomplete, and at least two important free-will views are missing from her proposed taxonomy. Given the problems with Vihvelin's arguments for 3-FC, her novel view of the dialectic between the major free-will views lacks support. (shrink)

The article is devoted to the analysis of the relationship between right and law. The author identifies four types of understanding of right: positivist, natural-legal, general social, and the point of view of educational literature. These four types belong to different paradigms of understanding: the philosophical one (theory of natural right) and the legal one (three other points of view). The philosophy of right as a purely philosophical and not a legal discipline uses a philosophical approach to the substantiation of (...) the essence of right. Its fundamental thesis: it is impossible to prove the claims of the right to general validity and obligation if we use the framework of jurisprudence only. In this regard, the statist positivism is subjected to sharp criticism as a theory that rejects the essential difference between right and law and identifies right and law with the activities of the state alone. In philosophy, the right is understood as a system of values that includes fundamental moral and legal ideas and principles. The difference between right and law, their necessary dualism lies in the difference in their genetic nature. The right consists mainly of values that are inherently regulative, whereas the law is a set of norms that have a constitutive essence. This distinction between values and norms and, therefore, between the regulative as such and the constitutive is precisely the philosophical basis for the distinction between right and law. The essence of the regulative as such is based on ontological attitudes of consciousness, which are a priori in their origin. The article concludes with a classification of the functions of right with regard to law. (shrink)

Argumentation schemes can be described as abstract structures representing the most generic types of argument, constituting the building blocks of the ones used in everyday reasoning. This paper investigates the structure, classification, and uses of such schemes. Three goals are pursued: 1) to describe the schemes, showing how they evolved and how they have been classified in the traditional and the modern theories; 2) to propose a method for classifying them based on ancient and modern developments; and 3) to (...) outline and show how schemes can be used to describe and analyze or produce real arguments. To this purpose, we will build on the traditional distinctions for building a dichotomic classification of schemes, and we will advance a modular approach to argument analysis, in which different argumentation schemes are combined together in order to represent each step of reasoning on which a complex argument relies. Finally, we will show how schemes are applied to formal systems, focusing on their applications to Artificial Intelligence, AI & Law, argument mining, and formal ontologies. (shrink)

This paper provides an analysis of explanatory constraints and their role in scientific explanation. This analysis clarifies main characteristics of explanatory constraints, ways in which they differ from “standard” explanatory factors, and the unique roles they play in scientific explanation. While current philosophical work appreciates two main types of explanatory constraints, this paper suggests a new taxonomy: law-based constraints, mathematical constraints, and causal constraints. This classification helps capture unique features of constraint types, the different roles they play in explanation, (...) and it includes causal constraints, which are often overlooked in this literature. (shrink)