The adversarial legal system is traditionally praised for its normative appeal: it protects individual rights; ensures an equal, impartial, and consistent application of the law; and, most importantly, its competitive structure facilitates the discovery of truth – both in terms of the facts, and in terms of the correct interpretation of the law. At the same time, legal representation is allocated as a commodity, bought and sold in the market: the more one pays, the better legal (...) representation one gets. In this article, I argue that the integration of a market in legal representation with the adversarial system undercuts the very normative justifications on which the system is based. Furthermore, I argue that there are two implicit conditions, which are currently unmet, but are required for the standard justifications to hold: that there is (equal opportunity for) equality of legal representation between parties, and that each party has (equal opportunity for) a sufficient level of legal representation. I, therefore, outline an ideal proposal for reform that would satisfy these conditions. (shrink)

This paper considers a guardianship model for the legal representation of future generations. According to this model, national and international courts should be given the competence to appoint guardians for future generations, if agents who care about the welfare of posterity apply for the creation of a guardianship in relation to a dispute that can be resolved by the application of law. This reform would grant guardians of future people legal standing or locus standi before courts, that (...) is, the right to bring an action before a court of law for adjudication. Although the guardianship model faces several difficult theoretical and practical problems pertaining to the representation of different near and distant future generations, it is argued that this model – and certain other legal norms intended to protect future basic needs – can be justified on the basis of the principle of liberty. (shrink)

Die Stellvertretung im Rechte der Papyri. Von L. Wenger. Teubner: Leipzig. 1906. 8vo. Pp. vi + 278. M. 8.

The nature of concepts is a subject of study of various disciplines, from philosophy to cognitive sciences, leading to fragmented understandings and conceptual dissociations. Legal concepts have been studied in an interdisciplinary manner across all these disciplines, suffering from similar fragmentation. Recently, the interdisciplinary crossroads between law and cognitive sciences have brought forward the notion of legal concepts as mental representations. However, this approach largely overlooks the systemic, historical, and societal elements essential to comprehending legal concepts. The (...) aim of this paper is to advocate for the Social Representations Theory as a useful framework that bridges cognitive and socio-cultural dimensions of meaning and can provide a holistic approach to understanding legal concepts. This paper unfolds in three sections. The first section contextualizes the social representations approach within the law and language framework, emphasizing the societal influences on thought and meaning. The second section explains the notion of social representations, building upon Serge Moscovici’s definitions and Ivana Marková’s arguments for the necessity of this approach to accommodate the social dimension of meaning. The third and last section underscores the claim that legal concepts are, in essence, social representations, advocating for the usefulness of this approach in legal scholarship, both paradigmatically and methodologically, consequently arguing for an inclusion for a stronger focus on the social dimension of legal meaning. (shrink)

Considering the overwhelming amount of media products that we are subjected to in the 21stcentury and the way in which those inevitably influence our perception of reality, this research pays specific attention to the role of the media in the construction and enhancement of stereotypes in everyday life, via the language or, more specifically, specialized languages. In particular, this paper aims to investigate an American legal TV series in order to analyze the way in which legal English is (...) used in dialogues. The major research questions are: to what extent such a kind of specialized discourse may be really understood by the greater audience? How does legal drama participate in the shaping of stereotypes relating to the legal environment in the country where it is produced, and cross-culturally, bearing in mind the prominence of “made in the USA” products in the television programming across the world? Ultimately, in the light of the previous questions, should the growing field of research in audiovisual translation extend its investigation into the area of legal English? Taking into consideration the seminal work of Pedersen and Diaz Cintas in the field of Audiovisual Translation, the study will examine the subtitling techniques employed for this atypical genre. Through the analysis of a corpus comprising several dialogues from a collection of episodes of the legal show Reckless, the paper will mostly focus on gender representations and their most common linguistically enhanced stereotypes. (shrink)

This work studies the issue of political representation from the perspective of a specific legal culture, the exercise of political rights in the context of the occidental democratic system, a concept that has undergone a profound evolution to the present day. The essential aspects for an analysis of this progression are voting, decision making, and the relationship between representatives and their constituents. Overall, the phenomena making up the crisis of representation have been explained as a result of (...) changes that have affected the operation and structure of modern states constituted as representative democracies. The idea is that a well-functioning representative system comes primarily from the form of government and electoral system in which it develops. (shrink)

Although much ink has been spilled on different aspects of legal concepts, the approach based on the developments of cognitive science is a still neglected area of study. The “mental” and cognitive aspect of these concepts, i.e., their features as mental constructs and cognitive tools, especially in the light of the developments of the cognitive sciences, is discussed quite rarely. The argument made by this paper is that legal concepts are best understood as mental representations. The piece explains (...) what mental representations are and why this view matters. The explanation of legal concepts, understood as mental representations is one of three levels of explanation within legal philosophy, but—as will be argued—it is the most fundamental level. This paper analyzes the consequences of such understanding of concepts used in the field of legal philosophy. Special emphasis is put on the current debate on the analogical or amodal nature of concepts. (shrink)

Natural language processing techniques contribute more and more in analyzing legal documents recently, which supports the implementation of laws and rules using computers. Previous approaches in representing a legal sentence often based on logical patterns that illustrate the relations between concepts in the sentence, often consist of multiple words. Those representations cause the lack of semantic information at the word level. In our work, we aim to tackle such shortcomings by representing legal texts in the form of (...) abstract meaning representation, a graph-based semantic representation that gains lots of polarity in NLP community recently. We present our study in AMR Parsing and AMR-to-text Generation specifically for legal domain. We also introduce JCivilCode, a human-annotated legal AMR dataset which was created and verified by a group of linguistic and legal experts. We conduct an empirical evaluation of various approaches in parsing and generating AMR on our own dataset and show the current challenges. Based on our observation, we propose our domain adaptation method applying in the training phase and decoding phase of a neural AMR-to-text generation model. Our method improves the quality of text generated from AMR graph compared to the baseline model. 2018; and “Legal Text Generation fromMeaning Representation”, published in the 32nd International Conference on Legal Knowledge and Information Systems 2019.). (shrink)

The paper outlines ongoing research on logic-based tools for the analysis and representation of legal contracts, of the kind frequently encountered in large-scale engineering projects and complex, long-term trading agreements. We consider both contract formation and contract performance, in each case identifying the representational issues and the prospects for providing automated support tools.

. The current literature in the Artificial Intelligence and Law field reveals uncertainty concerning the potential role of deontic logic in legal knowledge representation. For instance, the Logic Programming Group at Imperial College has shown that a good deal can be achieved in this area in the absence of explicit representation of the deontic notions. This paper argues that some rather ordinary parts of the law contain structures which, if they are to be represented in logic, will (...) call for use of a reasonably sophisticated deontic logic. (shrink)

While some descriptive and normative theories of legislation account for an extensive role of legal interpretation in legislation, others see its legislative role as marginal. Yet in contemporary constitutional democracies, where legislation is limited and guided by constitutional norms, as well as international and supranational law, legal interpretation must play some role in legislation—even if all or most of legislative activity may not be adequately described and evaluated as legal interpretation. In this chapter, I aim to explore (...) some implications of recognizing the role of legal interpretation in legislation—notably, for the conceptualization and significance of legal expertise in the legislative process, as well as for determining the moral duties of legislative representatives. First, I argue that the role of legal interpretation in legislation calls for institutional reforms in legislatures in order to ensure that legal expertise is adequately channeled into the legislative process, including agenda-setting. Second, I argue that interpreting legal norms through legislation implies specific moral duties for legislative representatives, both in their relations to one another and in their relations vis-à-vis their constituents. I show that giving legal interpretation its due in a descriptive and normative account of legislative activity does not imply an elitist understanding of legislation, and it does not compromise our conception of legislatures as loci of political and moral disagreement and democratic representation. (shrink)

A formal language is introduced that contains expressions for the dependency of a legal relation on the claims that the concerned individuals make and on the permissions that they grant. It is used for a classification of legal relations into six major categories: categorical obligation, categorical permission, claimable obligation, grantable permission, claim-dependent obligation and grant-dependent permission. Legal rights may belong to any of these six categories, but the characteristics of a right-holder are shown to be different in (...) each of the six types. (shrink)

The combined use of computers and telecommunications and the latest evolution in the field of Artificial Intelligence brought along new ways of contracting and of expressing will and declarations. The question is, how far we can go in considering computer intelligence and autonomy, how can we legally deal with a new form of electronic behaviour capable of autonomous action? In the field of contracting, through Intelligent Electronic Agents, there is an imperious need of analysing the question of expression of consent, (...) and two main possibilities have been proposed: considering electronic devices as mere machines or tools, or considering electronic devices as legal persons. Another possibility that has been frequently mentioned consists in the application of the rules of agency to electronic transactions. Meanwhile, the question remains: would it possible, under a Civil Law framework, to apply the notions of “legal personhood” and “representation” to electronic agents? It is obvious that existing legal norms are not fit for such an endeavouring challenge. Yet, the virtual world exists and it requires a new but realistic legal approach on software agents, in order to enhance the use of electronic commerce in a global world. (shrink)

Children and adults with dementia are vulnerable populations. Both groups are also relatively seldom included in biomedical research. However, including them in clinical trials is necessary, since both groups are in need of scientific innovation and new therapies. Their dependence and limited decision‐making capacities increase their vulnerability, necessitating extra precautions when including them in clinical trials. Beside these similarities there are also many differences between the groups. The most obvious one is that children have an entire life ahead of them (...) and will become persons with certain ideals and preferences, while adults with dementia have lived a life in which they have expressed their ideals and preferences. Some of the available research guidelines recognize these differences, setting one list of specific requirements for groups of incapacitated adults and another list for children. Other documents, however, do not differentiate and only set requirements for subjects unable to consent as a single category of subjects.In this article we analyse to what extent the similarities and differences between the two groups are represented in legal documents and ethical guidelines. The article presents an overview and an analysis of the requirements for doing research with children and dementia patients. We conclude with suggestions about how to better incorporate the morally relevant aspects of these two groups in legislation and ethical guidelines. (shrink)

Legal reasoning is an engaging field for cognitive science, since it raises so many fundamental questions, such as the representation and evolution of complex concepts. This article focuses on aspects of legal reasoning that require reasoning with cases, often in concert with other modes of reasoning.

In a related project, the social representation of public order among legal professionals has been explored by means of semi-structured interviews (Smejkalová et al. 2022). The participants of this research represent public order, inter alia, as a stable safeguard of fundamental social values while recognizing its vagueness and inherent propensity for change. This contradiction between its purpose to provide stability while being subject to social or temporal contexts seems akin to the structural approach to social representations. The social (...) representations approach (Moscovici 1961, 2001) is an approach used in social psychology, rooted in the idea that social objects or phenomena must be represented by a social group in order to perform any kind of social function. Within this approach, a structural (Abric 1993) differentiation between a stable, normative central core of a social representation, and flexible periphery has been developed. The contradictions between the stability and dynamics of public order the participants talk about are not dissimilar from the theoretical considerations of the structural approach to social representation. Moreover, Moscovici’s (2001) and Wachelke’s (2012) framing of social representations especially resonates when applied to public order, pointing towards its role as a system facilitating communication and orientation within a social group. The present study utilizes the data available from the transcripts of these interviews with a single focus on the themes of dynamics and stability. It aims to discuss these themes across various disciplines, offering links that might have been overlooked. This study further underscores the usefulness of the social representation approach in legal conceptualization, advocating for the necessity of more synthetic approaches merging philosophy, linguistics (semiotics), social psychology, and law to enrich further understanding in this domain. (shrink)

In order to represent legal knowledge adequately, it is vital to create a formal device that can freely construct an individual concept directly from a predicate expression. For this purpose, a Compound Predicate Formula (CPF) is formulated for use in legal expert systems. In this paper, we willattempt to explain the nature of CPFs by rigorous logical foundation, i.e., establishing their syntax and semantics precisely through the use of appropriate examples. We note the advantages of our system over (...) other such systems and discuss the significance of CPFs with regard to the formalization of legal reasonings using examples from the United Nations Convention for the International Sale of Goods. (shrink)

In this paper, we present a method for introducing law students to the writing of legal documents. The method uses a machine-readable representation of the legal knowledge to support document assembly and to help the students to understand how the assembly is performed. The knowledge base consists of enacted legislation, document templates, and assembly instructions. We propose a system called LEDAS (LEgal Document Assembly System) for the interactive assembly of legal documents. It guides users through (...) the assembly process and provides explanations of the interconnection between input data and claims stated in the document. The system acts as a platform for practicing drafting skills and has great potential as an education tool. It allows teachers to configure the system for the assembly of some particular type of legal document and then enables students to draft the documents by investigating which information is relevant for these documents and how the input data shape the final document. The generated legal document is complemented by a graphical representation of legal arguments expressed in the document. The system is based on existing legal standards to facilitate its introduction in the legal domain. Applicability of the system in the education of future lawyers is positively evaluated by the group of law students and their TA. (shrink)

The modern subject of theoretical legal ethics began in the 1970s. This brief history distinguishes two waves of theoretical writing on legal ethics. The “First Wave” connects the subject to moral philosophy and focuses on conflicts between ordinary morality and lawyers’ role morality, while the “Second Wave” focuses instead on the role legal representation plays in maintaining and fostering a pluralist democracy. We trace the emergence of the First Wave to the larger social movements of the (...) 1960s and 1970s; in the conclusion, we speculate about possible directions for a Third Wave of theoretical legal ethics, based in behavioral ethics, virtue ethics, or fiduciary theory. (shrink)

The context-based use of terminology and phraseology is one of the essential building blocks of legal translation. The contextual nature of both components has implications when it comes to designing resources that are adapted to the needs of translators. For Arabic legal translation, there are a multitude of different print and online resources available, however, they do not integrate the context-related parameter for term choice acceptability. In this article, we will describe the main features of certain bilingual (...) class='Hi'>legal dictionaries with the English-Arabic and French-Arabic language pairs. We will then make a descriptive assessment of the tools available online, highlighting their limitations. Taking into consideration all the contextual parameters involved in making a translation choice, we will put forward the value of developing bilingual ontologies with Arabic. With the rapid expansion of information technologies, a move towards formalizing legal knowledge will help fill existing gaps in the representation of Arabic legal content and the retrieval of information, providing legal translators with a tool that provides specific details that will enable translators to make informed and relevant decisions, in addition to opening new research perspectives for Arabic legal translation. (shrink)

Legal information retrieval is in need of the provision of legal knowledge for the improvement of search strategies. For this purpose, the LOIS project is concerned with the construction of a multilingual WordNet for cross-lingual information retrieval in the legal domain. In this article, we set out how a hybrid approach, featuring lexically and legally grounded conceptual representations, can fit the cross-lingual information retrieval needs of both legal professionals and laymen.

The Current Legal Problems lecture series and annual volume was established around sixty years ago at the Faculty of Laws, University College London and has long been recognized as a major reference point for legal scholarship. The continuing strength of Current Legal Problems is its representation of a broad range of legal scholarship opinion, theory, methodology, and subject matter, with an emphasis upon contemporary developments of law. Contributions to the 61st volume in the series include (...) an analysis of war as crime by Professor Gerry Simpson, an assessment of the problems in building a realistic climate change regime by Professor Daniel Cole, and an exploration of the problems of character evidence by Dr Mike Redmayne. (shrink)

Children and adults with dementia are vulnerable populations. Both groups are also relatively seldom included in biomedical research. However, including them in clinical trials is necessary, since both groups are in need of scientific innovation and new therapies. Their dependence and limited decision-making capacities increase their vulnerability, necessitating extra precautions when including them in clinical trials. Beside these similarities there are also many differences between the groups. The most obvious one is that children have an entire life ahead of them (...) and will become persons with certain ideals and preferences, while adults with dementia have lived a life in which they have expressed their ideals and preferences. Some of the available research guidelines recognize these differences, setting one list of specific requirements for groups of incapacitated adults and another list for children. Other documents, however, do not differentiate and only set requirements for subjects unable to consent as a single category of subjects. In this article we analyse to what extent the similarities and differences between the two groups are represented in legal documents and ethical guidelines. The article presents an overview and an analysis of the requirements for doing research with children and dementia patients. We conclude with suggestions about how to better incorporate the morally relevant aspects of these two groups in legislation and ethical guidelines. (shrink)

The Current Legal Problems lecture series and annual volume was established around sixty years ago at the Faculty of Laws, University College London and has long been recognized as a major reference point for legal scholarship. The continuing strength of Current Legal Problems is its representation of a broad range of legal scholarship opinion, theory, methodology, and subject matter, with an emphasis upon contemporary developments of law. Contributions to the 62nd volume in the series include (...) a comparative analysis of UK and US responses to terrorism, a discussion of the current legal solutions to the issue of cohabitation, an analysis of the broadening scope of risk regulation, and essays on subjects as diverse as media regulation, art and law, and abstraction and equality. (shrink)

The Current Legal Problems lecture series and annual volume was established over fifty five years ago at the Faculty of Laws, University College London and has long been recognised as a major reference point for legal scholarship. The continuing strength of Current Legal Problems is its representation of a broad range of legal scholarship opinion, theory, methodology, and subject matter, with an emphasis upon contemporary developments of law. Contributions to the 59th volume in the series (...) include a major re-evaluation of the Human Rights Act from Trevor Allan; a survey of recent trends in British crime and control from Robert Reiner; an analysis of the EU's impact on cultural diversity from Bruno de Witte; an examination of tax avoidance from Judith Freedman and a critique of EU constitutionalism from Neil Walker. (shrink)

This book is the first to explore in detail the role that symbolic representation plays in the architecture of Kant's philosophy. Symbolic representation fulfills a crucial function in Kant's practical philosophy because it serves to mediate between the unconditionality of the categorical imperative and the inescapable finiteness of the human being. By showing how the nature of symbolic representation plays out across all areas of the practical philosophy - moral philosophy, legal philosophy, philosophy of history and (...) philosophy of religion - Heiner Bielefeldt offers a unique perspective on how these various facets of Kant's philosophy cohere. (shrink)

Representation is an essential element of political authority, together with power and judgment, the latest to be acknowledged in the Christian West, coming to recognition in the Middle Ages with the expectation of a plurality of national identities. Its initial points of reference were theological, to Israel and to the dual office of Christ as priest and king, but in modern developments it has been understood especially in terms of legal forms. Government represents an existing political identity, bound (...) up with a tradition of continuing practice and constituted by a ‘common good’ which brings together the various interests within a society. ‘Recognition’ of government involves knowing it in relation to ourselves, by affective cognition, an emphasis lost in modern theories. Success and failure in representation are on a relative scale of more or less. It depends on realistic and truthful popular self-understanding. (shrink)

This article is an exercise in computational jurisprudence. It seems clear thatthe field of AI and Law should draw upon the insights of legal philosophers,whenever possible. But can the computational perspective offer anything inreturn? I will explore this question by focusing on the concept of OWNERSHIP,which has been debated in the jurisprudential literature for centuries. Althoughthe intellectual currents here flow mostly in one direction – from legal philosophy to AI – I will show that there are also some (...) insights to be gained from a computational analysis of the OWNERSHIP relation. In particular, the article suggests a computational explanation for the emergence of abstract property rights, divorced from concrete material objects. (shrink)

Purpose: This review identifies the prominent topics in the literature pertaining to the ethical, legal, and social issues raised by research investigating personalized genomic medicine. Methods: The abstracts of 953 articles extracted from scholarly databases and published during a 5-year period were reviewed. A total of 299 articles met our research criteria and were organized thematically to assess the representation of ELSI issues for stakeholders, health specialties, journals, and empirical studies. Results: ELSI analyses were published in both scientific (...) and ethics journals. Investigational research comprised 45% of the literature reviewed and the remaining 55% comprised normative analyses. Traditional ELSI concerns dominated the discourse including discussions about disclosure of research results. In fact, there was a dramatic increase in the number of articles focused on the disclosure of research results and incidental findings to research participants. Few papers focused on particular disorders, the use of racial categories in research, international communities, or special populations. Conclusion: Considering that strategies in personalized medicine increasingly target individuals’ unique health conditions, environments, and ancestries, further analysis is needed on how ELSI scholarship can better serve the increasingly global, interdisciplinary, and diverse PGM research community. (shrink)

There seems to be no clear consensus in the existing literature about the role of deontic logic in legal knowledge representation — in large part, we argue, because of an apparent misunderstanding of what deontic logic is, and a misplaced preoccupation with the surface formulation of legislative texts. Our aim in this paper is to indicate, first, which aspects of legal reasoning are addressed by deontic logic, and then to sketch out the beginnings of a methodology for (...) its use in the analysis and representation of law.The essential point for which we argue is that deontic logic — in some form or other —needs to be taken seriously whenever it is necessary to make explicit, and then reason about, the distinction between what ought to be the case and what is the case, or as we also say, between the ideal and the actual. We take the library regulations at Imperial College as the main illustration, and small examples from genuinely legal domains to introduce specific points. In conclusion, we touch on the role of deontic logic in the development of the theory of normative positions. (shrink)

This paper constitutes a critical exploration of the functional features underpinning the unconscious of institutional attachment—namely an attachment which is understood in terms of the subject-infant’s love for his institutional parent-power holder, and the indefinite need for a subject to remain within its infantile condition under the parenthood of the State. We venture beyond the Paternal metaphor and move towards the neglected metaphor of the Mother, so focal in the individual process of identification, assumption of language and the permanent attachment (...) to the space of prohibition and Law. A new position in Language is defined. To understand how the psychic space of the infant is artfully subjugated in the making of the Western culture and domination of the Western system of legal interpretation, an enquiry into the legal emblematic history of representations is necessary to map the process through which the subject learns its legal self and relationship with otherness through what Pierre Legendre coined as the Occidental Mirror and the triangular logic of reflexivity. A final enquiry interrogates the way the legal institution places itself in the position of the specular image that captivates the subject-infant within a procreated legal order, a law-giving and law abiding life starting from the laws of the familial structure reinforced by the role of the parents and by analogy, by the State assuming that role in the institutional life of the ad infinitum infant. (shrink)

This article analogises political representation to legal interpretation. It then applies the analogy to the hitherto neglected question of what political representation means for deliberative constitutionalism. The upshot is a conception of deliberative constitutionalism that, while uncompromisingly grounded in the reasoned expression of the preferences of a polity's constituents through deliberative democratic institutional innovations, mandates representatives to translate those preferences into general and abstract constitutional law. It thus enhances the deliberative contribution of citizens in the determination of (...) constitutional meaning, while preserving the value of representative institutions. (shrink)

There is a common understanding among logicians today that nonmonotonic types of reasoning, such as defeasible or presumptive, can clearly warrant a rational acceptance of its conclusion. Recognition of the significance and legitimacy of these forms of arguments, which were considered for long as fallacious, is believed to be very recent and many logicians tended to reject any discussions around it within the tradition of logic after Aristotle. In contrast, Islamic jurisprudence (fiqh), since medieval age, has recognised the validity and (...) importance of non-deductive forms of reasoning, analysed the structures of such arguments and demonstrated how the conventionally understood fallacies are not essentially fallacies. Qiyās – generally represents analogical reasoning – is taken here as a case of defeasible reasoning in Islamic argumentation. This paper will show through works of two emblematic medieval Muslim jurist-logicians, al-Juwainī and al-Ghazzālī, that understanding the legitimacy and the structure of non-deductive forms of arguments is at the core of Islamic legal theories (usūl al-fiqh), and that they recognised its legitimacy and proposed a dialectical method (jadal) of approaching it. Les logiciens comprennent généralement que les types de raisonnement non monotones peuvent justifier l’acceptation rationnelle des conclusions. L’importance et la légitimité de ces formes d’arguments, qui ont longtemps été considérées comme fallacieuses, ont été controversées parmi les logiciens de la tradition logique aristotélicienne. En revanche, la jurisprudence islamique (fiqh) a depuis longtemps reconnu l’importance des formes de raisonnement non déductives et a démontré que les sophismes conventionnellement compris ne sont pas essentiellement des sophismes. Le qiyās – qui représente généralement le raisonnement analogique – est un exemple de raisonnement réfutable dans l’argumentation islamique. Je montre à travers les travaux de deux juristes-logiciens musulmans médiévaux emblématiques, al-Juwainī et al-Ghazzālī, que la compréhension de la légitimité des formes d’arguments non déductives est au cœur des théories juridiques islamiques (usūl al-fiqh), qui ont proposé une méthode d’approche dialectique (jadal). (shrink)

Legal text retrieval traditionally relies upon external knowledge sources such as thesauri and classification schemes, and an accurate indexing of the documents is often manually done. As a result not all legal documents can be effectively retrieved. However a number of current artificial intelligence techniques are promising for legal text retrieval. They sustain the acquisition of knowledge and the knowledge-rich processing of the content of document texts and information need, and of their matching. Currently, techniques for learning (...) information needs, learning concept attributes of texts, information extraction, text classification and clustering, and text summarization need to be studied in legal text retrieval because of their potential for improving retrieval and decreasing the cost of manual indexing. The resulting query and text representations are semantically much richer than a set of key terms. Their use allows for more refined retrieval models in which some reasoning can be applied. This paper gives an overview of the state of the art of these innovativetechniques and their potential for legal text retrieval. (shrink)

Computational dialectics is concerned with the formal representation of argument and dispute. The field emerged from developments in philosophy, artificial intelligence and legal theory. Its goal is to suggestalgorithms, procedures and protocols to investigate the tenability of logical claims, on the basis of information in the form of rules and cases. Currently, the field slowlyconverges to the opinion that dispute is the most fair and effective way to investigate claims. The basic assumption of this field is that dispute (...) is the most fair and effective way to investigate claims. The definition of a formal dispute varies throughout the literature, butis considered not to vary within one and the same logical system. In this paper it is shown that parts of the definition of a dispute may change within one logical system.To this end, the notion of partial protocol specification (PPS) is introduced. A PPS is a part of the definition of the protocol. A modification to the protocol, in the form of a PPS, can be put forward, disputed, established and incorporated as aneffective `point of order. The paper demonstrates the existence of self-undermining PPSs, it discusses the relevance of PPSs for dialectical models of legal argument and concludes with a description of how PPSs can be built into existing argumentation systems. (shrink)

In 2022, the Camden Coalition Medical-Legal Partnership began providing civil and criminal legal services to substance use disorder patients at Cooper University Health Care’s Center for Healing. This paper discusses early findings from the program’s first year on the efficacy of the provision of criminal-legal representation, which is uncommon among MLPs and critical for this patient population. The paper concludes with takeaways for other programs providing legal services in an addiction medicine setting.

The study focuses on the translatability of EU terminology into Ukrainian, with a specific emphasis on the term ‘regulation’. It explores the challenges and considerations involved in translating legal terms, particularly within the context of EU legislative acts. The concept of translatability potential is substantiated in the article. It is seen as language pair-dependent, influenced by the availability of similar legal concepts in the target law system, equivalent terms in the target language, and other factors. The research delves (...) into the levels of translatability potential of legal terms, taking into consideration the existence of identical concepts in the target legal system, the mono- or polysemic semantic structure of the source term, and the established translation practices accepted by legal professionals. Based on these criteria, legal terms are classified into categories of high, upper-medium, lower-medium, and low translatability potentials. The article applies these criteria to analyse the translatability potential of the term ‘EU regulation’ in Ukrainian legal discourse. The distinction between legal terms and legal concepts are highlighted, and the concepts are considered to be mental representations associated with linguistic units. The corpus method and concept analysis are employed to analyse the impact of the context on the actualisation of specific components of semantic structure and, correspondingly, specific concepts. The use of the terms in ordinary and legal discourse is under analysis, as well as different Ukrainian translations of ‘regulation’ for each concept it manifests. Finally, the semantic structures of the term ‘EU regulation’ and its Ukrainian translation ‘peглaмeнт (rehlament)’ are compared to reveal the semantic shifts caused by translation. The concept and semantic analyses are conducted to explore the realisation of the translatability potential and see if the best option provided by the potential of the term was selected to meet the high requirements of legal translation. (shrink)

To create a programming environment for contract dispute resolution, we propose an extension of assumption-based argumentation into modular assumption-based argumentation in which different modules of argumentation representing different knowledge bases for reasoning about beliefs and facts and for representation and reasoning with the legal doctrines could be built and assembled together. A distinct novel feature of modular argumentation in compare with other modular logic-based systems like Prolog is that it allows references to different semantics in the same module (...) at the same time, a feature critically important for application of argumentation in legal domains like contract dispute resolution where the outcomes of court cases often depend on whether credulous or skeptical modes of reasoning were applied by the contract parties. We apply the new framework to model the doctrines of contract breach and mutual mistake. (shrink)

This paper presents a methodology to design and implement programs intended to decide cases, described as sets of factors, according to a theory of a particular domain based on a set of precedent cases relating to that domain. We useDialectical Frameworks, a recent development in AI knowledge representation, as the central feature of our design method. ADFs will play a role akin to that played by Entity–Relationship models in the design of database systems. First, we explain how the factor (...) hierarchy of the well-known legal reasoning system CATO can be used to instantiate an ADF for the domain of US Trade Secrets. This is intended to demonstrate the suitability of ADFs for expressing the design of legal cased based systems. The method is then applied to two other legal domains often used in the literature of AI and Law. In each domain, the design is provided by the domain analyst expressing the cases in terms of factors organised into an ADF from which an executable program can be implemented in a straightforward way by taking advantage of the closeness of the acceptance conditions of the ADF to components of an executable program. We evaluate the ease of implementation, the performance and efficacy of the resulting program, ease of refinement of the program and the transparency of the reasoning. This evaluation suggests ways in which factor based systems, which are limited by taking as their starting point the representation of cases as sets of factors and so abstracting away the particular facts, can be extended to address open issues in AI and Law by incorporating the case facts to improve the decision, and by considering justification and reasoning using portion of precedents. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Legal CommentaryGreg Vijayendran, PartnerThe issues arising for consideration in this case are:a). the nature of the investigator-subject relationship that gives rise to an ethical duty to disclose incidental findings;b). whether the research team in this case (including the principal investigator and co-investigator) has a duty to disclose the incidental finding observed to the research volunteer; andc). whether the research team has a further ethical duty to ensure that (...) the MRI scans are clinically evaluated to identify potential health problems.The starting point is to define “incidental findings” for clarity and precision. A good working definition of the same is “a finding concerning an individual research participant that has potential health or reproductive importance and that is discovered in the course of conducting research but is beyond the aims of the study”.1With regard to incidental findings, Miller, Mello and Joffe in an insightful article2 observe:… there is little ethical guidance available to steer such efforts, and practices appear to vary widely. Although several articles have catalogued the ethical dilemmas surrounding incidental findings, with the exception of seminal work by Henry Richardson and Leah Belsky on the more general topic of researchers’ obligations to provide ancillary clinical care to research subjects, systematic ethical analysis of the incidental findings problem is lacking.In this case scenario, there is no concurrent, overlapping physician-patient relationship (even if the research subjects were recruited from patients at the hospital’s memory clinic) that might provide an alternative [End Page 274] source of obligations relating to incidental findings. No representations have been made by the research team to the patient-volunteers. The patient-volunteers did not opt to be kept in the know as to incidental findings. Neither did they express a preference not to be informed of such findings. Had they done so, such a choice would presumably absolve the research team from keeping the patient-volunteers informed. From an autonomy perspective, there is no compelling reason why such a choice by a patient-volunteer should not be honoured.One view of the first issue outlined above is that the relationship between a research investigator and a research subject is founded in contract. On that premise, investigators have no default obligations, only what is expressed or implied in the terms of the “contracts” for recruiting volunteers. The relevant documents and data to be analysed would be the “contracts” executed by the parties and the informed consent form as well as interactions and iterations between investigators and patient-volunteers. Of particular significance would be representations made by the investigators that could form part of the terms of the contract. Apart from express terms, there would also be some rare implied terms — for example, an implied term of good faith although this has only been recognised in certain sui generis categories of contracts (for example, insurance contracts). Adopting this perspective strips away any fiduciary or professional aspects of the relationship and reduces the relationship to nothing more than a contractual one. Such a view relies on the legal relationship as a springboard for the ethical duties although this perspective would be reductive because very few implied duties are presumed. Unless incidental findings fall within the terms of the contract, investigators are under no obligation to respond to them. In the final analysis, the main objection to this contractual perspective is that it conflates legal duties with ethical duties when these two distinct types of obligations which investigators and a research team have to elucidate.An alternative approach involves a focus on professional relationships. Concepts of incidental findings and ancillary care presume some sort of professional relationship pursuant to which the findings are analysed as incidental or the care is determined as ancillary. “Professionals” refer to persons who are usually distinguished by their specialised knowledge and training as well as by their commitment to provide important services to patients, clients or consumers.3 Professional relationships are often, but not always, characterised by a service role, sometimes involving a fiduciary relationship.Although researchers cannot be viewed as having a service role vis-à-vis individual subjects, it is reasonable [End Page 275] to regard research as a professional activity. Researchers possess... (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)

As lawmakers produce norms, the underlying normative system is affected showing the intrinsic dynamism of law. Through undertaken actions of legal change, the normative system is continuously modified. In a usual legislative practice, the time for an enacted legal provision to be in force may differ from that of its inclusion to the legal system, or from that in which it produces legal effects. Even more, some provisions can produce effects retroactively in time. In this article (...) we study a simulation of such process through the formalisation of a temporalised logical framework upon which a novel belief revision model tackles the dynamic nature of law. Represented through intervals, the temporalisation of sentences allows differentiating the temporal parameters of norms. In addition, a proposed revision operator allows assessing change to the legal system by including a new temporalised literal while preserving the time-based consistency. This can be achieved either by pushing out conflictive pieces of pre-existing norms or through the modification of intervals in which such norms can be either in force, or produce effects. Finally, the construction of the temporalised revision operator is axiomatically characterised and its rational behavior proved through a corresponding representation theorem. (shrink)

This correspondence offers a counterpoint to the recent article of Dov Greenbaum and Mark Gerstein defending the pertinence of GATTACA 25 years after its release. I develop three arguments for not being enthusiastic about dystopian representations in the ethical, legal, and social discussion of genetic technologies and genomic sciences.

The article deals with the legal acts which were adopted by the Supreme Council Reconstituting the Seimas of the Republic of Lithuania on 11 March 1990, and which are related to the restoration of the independent State of Lithuania. The author discloses the chronology of the legal acts adopted on that day and investigates why some particular act was adopted first, and only later another act was passed; he investigates the circumstances which determined the content of the (...) class='Hi'>legal acts and shows the interconnection between these acts. The sequence and content of the legal acts of restoration of independence were determined by the fact that the independent State of Lithuania could not arise from the so-called “Lithuanian SSR” which had never been a form of Lithuanian statehood. The restoration of independence could and had to be grounded only upon the continuation of the pre-war Republic of Lithuania. One had to draw a boundary line between the Supreme Soviet of the Lithuanian SSR, which was elected in democratic and free elections on 24 February 1990, and which was a genuine representation of the Nation, from the former Supreme Soviets of the Lithuanian SSR—the essence and formation procedure of which was completely different. This was done by adopting the Declaration “On the Powers of the Supreme Soviet of the Lithuanian SSR” in which it was held that in the 24 February 1990 elections the Nation vested to the deputies of the Supreme Soviet of the Lithuanian SSR the mandate and the duty to restore the State of Lithuania and express the sovereign will of the Nation through this body, which, from 11 March 1990, 6 p.m., would be referred to as the Supreme Council of Lithuania. (shrink)