. 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)

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)

A representation methodology for knowledge allowing multiple interpretations is described. It is based on the following conception of legal knowledge and its open texture. Since indeterminate, legal knowledge must be adapted to fit the circumstances of the cases to which it is applied. Whether a certain adaptation is lawful or not is measured by metaknowledge. But as this too is indeterminate, its adaptation to the case must be measured by metametaknowledge, etc. This hierarchical model (...) of law is quite well-established and may serve well as a basis for a legal knowledge system. To account for the indeterminacy of law such a system should support the construction of different arguments for and against various interpretations of legal sources. However, automatizing this reasoning fully is unsound since it would imply a restriction to arguments defending interpretations anticipated at programming time. Therefore, the system must be interactive and the user''s knowledge be furnished in a principled way. Contrary to the widespread opinion that classical logic is inadequate for representing open-textured knowledge, the framework outlined herein is given a formalization in first order logic. (shrink)

There is more to legal knowledge representation than knowledge-bases. It is valuable to look at legal knowledge representation and its implementation across the entire domain of computerisation of law, rather than focussing on sub-domains such as legal expert systems. The DataLex WorkStation software and applications developed using it are used to provide examples. Effective integration of inferencing, hypertext and text retrieval can overcome some of the limitations of these current paradigms of (...) class='Hi'>legal computerisation which are apparent when they are used on a stand-alone basis. Effective integration of inferencing systems is facilitated by use of a (quasi) natural language knowledge representation, and the benefits of isomorphism are enhanced. These advantages of integration apply to all forms of inferencing, including document generation and casebased inferencing. Some principles for development of integrated legal decision support systems are proposed. (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.

This paper presents a four layer model for working with legal knowledge in expert systems. It distinguishes five sources of knowledge. Four contain basic legal knowledge found in published and unpublished sources. The fifth consists of legal metaknowledge. In the model the four basic legal knowledge sources are placed at the lowest level. The metaknowledge is placed at levels above the other four knowledge sources. The assumption is that the knowledge (...) is represented only once. The use of metaknowledge at various levels should make it possible to use the appropriate knowledge for the problem presented to the system. The knowledge has to be represented as closely to the original format as possible for this purpose. Suitable representation formalisms for the various types of knowledge in the five knowledge sources are discussed. It is not possible to indicate a best representation formalism for each knowledge source. (shrink)

The Foundation for Legal Knowledge Systems (JURIX) has, sinceits foundation in 1988, become an internationally renowned forumfor Law and Artificial Intelligence in theNetherlands. This paper is based onan intellectual review of the work of JURIX requested by theorganisation as part of its 10th anniversary in December 1997 andpresented as a keynote address at the 10th anniversary conference.It has been updated to include the following two conferences. Itapplauds the overall effort but also suggests some directions forfuture development and suggests (...) in particular:The breadth of research has been commendable, butthere is a need to move towards greater integration of systems andmigration to internet based systems. (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.

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)

An application of Narrative Knowledge Representation Language (NKRL) techniques on (declassified) ‘terrorism in Southern Philippines’ documents has been carried out in the context of the IST Parmenides project. This paper describes some aspects of this work: it is our belief, in fact, that the Knowledge Representation techniques and the Intelligent Information Retrieval tools used in this experiment can be of some interest also in an ‘Ontological Modelling of Legal Events and Legal Reasoning’ context.

Legal Judgment Prediction (LJP) is an essential component of legal assistant systems, which aims to automatically predict judgment results from a given criminal fact description. As a vital subtask of LJP, researchers have paid little attention to the numerical LJP, i.e., the prediction of imprisonment and penalty. Existing methods ignore numerical information in the criminal facts, making their performances far from satisfactory. For instance, the amount of theft varies, as do the prison terms and penalties. The major challenge (...) is how the model can obtain the ability of numerical comparison and magnitude perception, e.g., 400 < 500 < 800, 500 is closer to 400 than to 800. To this end, we propose a judicial knowledge-enhanced magnitude-aware reasoning architecture, called NumLJP, for the numerical LJP task. Specifically, we first implement a contrastive learning-based judicial knowledge selector to distinguish confusing criminal cases efficiently. Unlike previous approaches that employ the law article as external knowledge, judicial knowledge is a quantitative guideline in real scenarios. It contains many numerals (called anchors) that can construct a reference frame. Then we design a masked numeral prediction task to help the model remember these anchors to acquire legal numerical commonsense from the selected judicial knowledge. We construct a scale-based numerical graph using the anchors and numerals in facts to perform magnitude-aware numerical reasoning. Finally, the representations of fact description, judicial knowledge, and numerals are fused to make decisions. We conduct extensive experiments on three real-world datasets and select several competitive baselines. The results demonstrate that the macro-F1 of NumLJP improves by at least 9.53% and 11.57% on the prediction of penalty and imprisonment, respectively. (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)

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)

The BankXX system models the process of perusing and gathering information for argument as a heuristic best-first search for relevant cases, theories, and other domain-specific information. As BankXX searches its heterogeneous and highly interconnected network of domain knowledge, information is incrementally analyzed and amalgamated into a dozen desirable ingredients for argument (called argument pieces), such as citations to cases, applications of legal theories, and references to prototypical factual scenarios. At the conclusion of the search, BankXX outputs the set (...) of argument pieces filled with harvested material relevant to the input problem situation.This research explores the appropriateness of the search paradigm as a framework for harvesting and mining information needed to make legal arguments. In this article, we describe how legal research fits the heuristic search framework and detail how this model is used in BankXX. We describe the BankXX program with emphasis on its representation of legal knowledge and legal argument. We describe the heuristic search mechanism and evaluation functions that drive the program. We give an extended example of the processing of BankXX on the facts of an actual legal case in BankXX's application domain — the good faith question of Chapter 13 personal bankruptcy law. We discuss closely related research on legal knowledge representation and retrieval and the use of search for case retrieval or tasks related to argument creation. Finally we review what we believe are the contributions of this research to the understanding of the diverse disciplines it addresses. (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)

This article focuses on the problems of application of artificial intelligence to represent legal knowledge. The volume of legal knowledge used in practice is unusually large, and therefore the ontological knowledge representation is proposed to be used for semantic analysis, presentation and use of common vocabulary, and knowledge integration of problem domain. At the same time some features of legal knowledge representation in Ukraine have been taken into account. The software (...) package has been developed to work with the ontology. The main features of the program complex, which has a Web-based interface and supports multi-user filling of the knowledge base, have been described. The crowdsourcing method is due to be used for filling the knowledge base of legal information. The success of this method is explained by the self-organization principle of information. However, as a result of such collective work a number of errors are identified, which are distributed throughout the structure of the ontology. The results of application of this program complex are discussed in the end of the article and the ways of improvement of the considered technique are planned. (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)

The representation of knowledge in the law has basically followed a rule-based logical-symbolic paradigm. This paper aims to show how the modeling of legal knowledge can be re-examined using connectionist models, from the perspective of the theory of the dynamics of unstable systems and chaos. We begin by showing the nature of the paradigm shift from a rule-based approach to one based on dynamic structures and by discussing how this would translate into the field of theory (...) of law. In order to show the full potential of this new approach, we start from an experiment with NEUROLEX, in which a neural network was used to model a corpus of French Council of State decisions. We examine the implications of this experiment, especially those concerning the limits of the model used, and show that other connectionist models might correspond more adequately to the nature of legal knowledge. Finally, we propose another neural model which could show not only the rules which emerge from legal qualification (NEUROLEX's goal), but also the way in which a legal qualification process evolves from one concept to another. (shrink)

This article describes an ontological model of norms. The basic assumption is that a substantial part of a legal system is grounded on the concept of agency. Since a legal system aims at regulating a society, then its goal can be achieved only by affecting the behaviour of the members of the society. We assume that a society is made up of agents (which can be individuals, institutions, software programs, etc.), that agents have beliefs, goals and preferences, and (...) that they commit to intentions in order to choose a line of behaviour. The role of norms, within a legal system, is to specify how and when the chosen behaviour agrees with the basic principles of the legal system. In this article, we show how a model based on plans can be the basis for the ontological representation of norms, which are expressed as constraints on the possible plans an agent may choose to guide its behaviour. Moreover, the paper describes how the proposed model can be linked to the upper level of a philosophically well-founded ontology (DOLCE); in this way, the model is set in a wider perspective, which opens the way to further developments. (shrink)

This paper presents a new language for isomorphic representations of legalknowledge in feature structures. The language includes predefinedstructures based on situation theory for common-sense categories, andpredefined structures based on Van Kralingens frame-based conceptualmodelling language for legal rules. It is shown that the flexibility of thefeature-structure formalism can exploited to allow for structure-preservingrepresentations of non-primitive concepts, and to enable various types ofinteraction and cross- reference between language elements. A fragment of theDutch Opium Act is used to illustrate how modelling and (...) reasoning proceed in practice. (shrink)

This paper presents an enhanced ontology formalization, combining previous work in Conceptual Structure Theory and Order-Sorted Logic. Most existing ontology formalisms place greater importance on concept types, but in this paper we focus on relation types, which are in essence predicates on concept types. We formalize the notion of ‘predicate of predicates’ as meta-relation type and introduce the new hierarchy of meta-relation types as part of the ontology definition. The new notion of closure of a relation or meta-relation type is (...) presented as a means to complete that relation or meta-relation type by transferring extra arguments and properties from other related types. The end result is an expanded ontology, called the closure of the original ontology, on which automated inference could be more easily performed. Our proposal could be viewed as a novel and improved ontology formalization within Conceptual Structure Theory and a contribution to knowledge representation and formal reasoning (e.g., to build a query-answering system for legal knowledge). (shrink)

In this article we evaluate the BankXX program from several perspectives. BankXX is a case-based legal argument program that retrieves cases and other legal knowledge pertinent to a legal argument through a combination of heuristic search and knowledge-based indexing. The program is described in detail in a companion article in Artificial Intelligence and Law 4: 1--71, 1996. Three perspectives are used to evaluate BankXX:(1) classical information retrieval measures of precision and recall applied against a hand-coded (...) baseline; (2) knowledge-representation and case-based reasoning, where the baseline is provided by the functionality of a well-known case-based argument program, HYPO (Ashley, 1990); and (3) search, in which the performance of BankXX run with various parameter settings, for instance, resource limits, is compared. In this article we report on an extensive series of experiments performed to evaluate the program. We also describe two additional experiments concerning(1) the program's search behavior; and (2) the use of a modified form of precision and recall based on case similarity. Finally we offer some general conclusions that might be drawn from these particular experiments. (shrink)

Few automated legal reasoning systems have been developed in domains of law in which a judicial decision maker has extensive discretion in the exercise of his or her powers. Discretionary domains challenge existing artificial intelligence paradigms because models of judicial reasoning are difficult, if not impossible to specify. We argue that judicial discretion adds to the characterisation of law as open textured in a way which has not been addressed by artificial intelligence and law researchers in depth. We demonstrate (...) that systems for reasoning with this form of open texture can be built by integrating rule sets with neural networks trained with data collected from standard past cases. The obstacles to this approach include difficulties in generating explanations once conclusions have been inferred, difficulties associated with the collection of sufficient data from past cases and difficulties associated with integrating two vastly different paradigms. A knowledge representation scheme based on the structure of arguments proposed by Toulmin has been used to overcome these obstacles. The system, known as Split Up, predicts judicial decisions in property proceedings within family law in Australia. Predictions from the system have been compared to those from a group of lawyers with favourable results. (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)

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)

Peter Fitzpatrick’s writings prove once and for all that it is possible for a law professor to write in beautiful English. His work also proves once and for all that the dominating tradition of Anglo-American legal philosophy and of law teaching has been barking up the wrong tree: namely, that the philosopher and professional law teachers can understand justice as nested in empty forms, better known as rules, doctrines, principles, policies, and other standards. The more rigorous our analysis or (...) decomposition of the forms, we have believed, the more closely do we access the identity of laws. Justice has been assumed to be a matter of intellectually accessing such analysed forms. Fitzpatrick’s articles and books embody an implicit critique of the analytic view of law and of justice. My entry point into this critique is his preoccupation with Jacques Derrida’s theory of laws as universals and with Derrida’s theory of justice as an inaccessible immediacy or presence in context-specific or concrete experienced events. Each event is experienced in an official’s decision. Such a decision represents what Derrida, Fitzpatrick, and Hegel call ‘individuality’. -/- Derrida’s theory of law presents a conundrum. Derrida misses the possibility that law may exist by virtue of its content rather than its form. Derrida misses this possibility because, heavily influenced by Kant (in Derrida’s theory of law), Derrida associates law with universals. This is so because Kant (and Derrida) are preoccupied with the identity of what counts as a law (lois) rather than with a law’s legitimacy. A universal cannot exist unless it is legitimate, and it is legitimate, I claim, by virtue of its content. In his association of law with universals, Derrida presupposes that legal knowledge exists with reference to a territorial-like boundary. The forms are represented or signified by signs (signifiers) within a boundary of the ultimate form (the state, the nation, or humanity). This ultimate form as a universal, like the discrete rules or forms, lacks socially contingent content. A boundary separates knowable universals from the unknowable world on the exteriority of the boundary. The unknowable world is constituted by concrete events experienced in context-specific circumstances. In his legal theory Derrida hones in upon the decision as the experienced event. In a decision, one is present or immediate with the event. Derrida considers such immediacy as justice. The immediacy, however, can only be represented as a sign (sometimes called a signifier). The sign, in turn, represents an empty signified or form, according to Derrida. Because the immediacy remains a representation rather than a presentation of the experienced event, laws as universals cannot be just. The rupture between the inaccessible immediacy of a decision on the one hand and the represented empty forms on the other is critical to Derrida’s theory of law. -/- I claim that this rupture permeates Derrida’s writings about law because Derrida possesses a territorial-like sense of legal knowledge. I shall argue to this effect as follows. In the first section I shall explain the importance of Fitzpatrick’s exposure of the vacuity of the foundation of the system or structure of universals. In the second section I shall flesh out two elements of Derrida’s legal theory: law as form and the ipseity or concrete event that the form excludes from law. This takes me to the third section, where I shall elaborate how Derrida’s legal theory presupposes knowledge as territorial. I shall argue in the final section that this very sense of territorial knowledge prevents justice from accessing law and law from accessing justice. I conclude with the hint of a very different sense of law, one that draws from experiential knowledge in contradistinction to territorial knowledge. (shrink)

To move beyond vague platitudes about the importance of context in legal reasoning or natural language understanding, one must take account of ideas from artificial intelligence on how to represent context formally. Work on topics like prior probabilities, the theory-ladenness of observation, encyclopedic knowledge for disambiguation in language translation and pathology test diagnosis has produced a body of knowledge on how to represent context in artificial intelligence applications.

In recent years several proposals to view reasoning with legal cases as theory construction have been advanced. The most detailed of these is that of Bench-Capon and Sartor, which uses facts, rules, values and preferences to build a theory designed to explain the decisions in a set of cases. In this paper we describe CATE (CAse Theory Editor), a tool intended to support the construction of theories as described by Bench-Capon and Sartor, and which produces executable code corresponding to (...) a theory. CATE has been used in a series of experiments intended to explore a number of issues relating to such theories, including how the theories should be constructed, how sets of values should be compared, and the representation of cases using structured values as opposed to factors. (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)

Research in Artificial Intelligence (AI) and the Law has maintained an emphasis on knowledge representation and formal reasoning during a period when statistical, data-driven approaches have ascended to dominance within AI as a whole. Electronic discovery is a legal application area, with substantial commercial and research interest, where there are compelling arguments in favor of both empirical and knowledge-based approaches. We discuss the cases for both perspectives, as well as the opportunities for beneficial synergies.

Law is known to exist only being articulated in a language and discourse, and the students’ ability to comprehend and use its meta-language is one of the main goals for English for Legal Purposes (ELP) teaching. The knowledge of terminology enables students to fit new information (linguistic, disciplinary, factual, cultural, etc.) into the framework of the legal system they are studying. The acquisition of terminology in a foreign language implies knowledge of both conceptual content and the (...) means of its verbalization. This article argues for a cognitive approach to teaching Legal English, and frame modelling as an effective method of teaching and learning legal terminology. The heterogeneous structure of legal concepts (a permanent core and dynamic periphery) suggests the possibility of framing their verbal representations. From this perspective, legal terminology is viewed as a frame structure. Depending on the instructional objective, frame modelling may be circumscribed around a specific concept or frame level. (shrink)

This paper reflects my address as IAAIL president at ICAIL 2021. It is aimed to give my vision of the status of the AI and Law discipline, and possible future perspectives. In this respect, I go through different seasons of AI research : from the Winter of AI, namely a period of mistrust in AI, to the Summer of AI, namely the current period of great interest in the discipline with lots of expectations. One of the results of the first (...) decades of AI research is that “intelligence requires knowledge”. Since its inception the Web proved to be an extraordinary vehicle for knowledge creation and sharing, therefore it’s not a surprise if the evolution of AI has followed the evolution of the Web. I argue that a bottom-up approach, in terms of machine/deep learning and NLP to extract knowledge from raw data, combined with a top-down approach, in terms of legal knowledge representation and models for legal reasoning and argumentation, may represent a promotion for the development of the Semantic Web, as well as of AI systems. Finally, I provide my insight in the potential of AI development, which takes into account technological opportunities and theoretical limits. (shrink)

Natural resource management agencies in the United States have a legal responsibility to represent Indigenous Peoples and federally recognized Tribes in environmental stewardship. This comment article is a call to action that argues for genuine representation of Tribes and other Indigenous Peoples through adherence to existing, formal consultation policies and coproduction of knowledge. Agencies must recognize and respect the differences between public involvement and government-to-government consultation with federally-recognized Tribes. Sovereign tribal nations are not the public and have (...) a unique relationship with federal agencies based in the federal trust responsibility. Coproduction of knowledge is an emerging enterprise that has potential for meaningfully engaging and genuinely and equitably representing Indigenous Peoples and Tribes and should be codeveloped and implemented as policy. Agencies should build capacity to properly represent tribal nations in decisions. Agency employees and Indigenous Peoples must spend more time together to increase cultural awareness and build meaningful relationships to facilitate genuine consultation and coproduction of knowledge. (shrink)

This collection of essays explore the long-standing,intricate relationship between law and faith. Faith in this context is to be read in the broadest sense, as extending beyond religion to embrace the knowledge, beliefs, understandings and practices which are at work alongside the familiar and seemingly more reliable, trusted and relatively certain content and conventionally accepted methods of law and legal reasoning. The essays deal with three broad themes. The first concerns the extent to which faith should be involved (...) in legal decision making. Ought decisions to aspire simply to right reason or ought faith-based models of decision-making to be incorporated into the legal system? If the latter, how is this best done? Ought faith to operate simply as a reason itself or ought it to help to structure the method by which legal decisions are reached? The second, and perhaps most familiar theme, stemming in part from rights discourse, is the extent to which law does, and ought to, respect the rights of those whose religious beliefs conflict with the dominant social norms and practices. Liberal democratic constitutions typically provide protection for religion and religious beliefs. Are these justified, and if so how? Can such protection as exists suffice from the perspective of the faithful, or does law's otherwise pervasive agnosticism make this impossible or illusory? Thirdly, questions of identity and difference arise. Assuming that most societies remain a mix of many faiths (religious and secular) and no faith, how should law and legal theory understand the varying and, it must be said, conflicting claims for recognition. Should we encourage conformity in the hope of reducing friction, or should we preserve and promote difference, seeking to understand others, whether groups or individuals, without removing that which makes them distinct? More radically and controversially, should we be more sceptical of individual and group claims to authenticity and see them rather as strategies in an ongoing power game? Faith after all, like reason and law, has never been far from politics and intrigue, especially in its institutional representation. Contributors: Zenon Bankowski, Anthony Bradney, Claire Davis, John Gardner, Adam Gearey, Tim Macklem, Maleiha Malik, Victor Tadros. (shrink)

Logic-based approaches to legal problem solving model the rule-governed nature of legal argumentation, justification, and other legal discourse but suffer from two key obstacles: the absence of efficient, scalable techniques for creating authoritative representations of legal texts as logical expressions; and the difficulty of evaluating legal terms and concepts in terms of the language of ordinary discourse. Data-centric techniques can be used to finesse the challenges of formalizing legal rules and matching legal predicates (...) with the language of ordinary parlance by exploiting knowledge latent in legal corpora. However, these techniques typically are opaque and unable to support the rule-governed discourse needed for persuasive argumentation and justification. This paper distinguishes representative legal tasks to which each approach appears to be particularly well suited and proposes a hybrid model that exploits the complementarity of each. (shrink)

The DAPRECO knowledge base is the main outcome of the interdisciplinary project bearing the same name. It is a repository of rules written in LegalRuleML, an XML formalism designed to be a standard for representing the semantic and logical content of legal documents. The rules represent the provisions of the General Data Protection Regulation, the new Regulation that is significantly affecting the digital market in the European Union and beyond. The DAPRECO knowledge base builds upon the Privacy (...) Ontology, which provides a model for the legal concepts involved in the GDPR, by adding a further layer of constraints in the form of if-then rules, referring either to standard first order logic implications or to deontic statements. If-then rules are formalized in reified Input/Output logic and then codified in LegalRuleML. Reified Input/Output logic is an application of standard Input/Output logic for legal reasoning, in which Input/Output logic is combined with the reification-based approach in Hobbs and Gordon. The DAPRECO knowledge base is then a case study for reified Input/Output logic, and it shows that the formalism indeed appears to be a good candidate to effectively formalize, via uniform and simple representations, complex linguistic/deontic phenomena that may be found in legal texts. To date, the DAPRECO knowledge base is the biggest knowledge base in LegalRuleML and Input/Output logic freely available online. (shrink)

The application of ontology has thus far [in 1998] been confined almost exclusively to the field of knowledge representation. Ontology has been applied, for example, in the design of medical databases and in the construction of geographical information systems. One area which is naturally suited to ontological analysis is that of the law and of social institutions in general. -/- Legal systems are composed of legal entities, such as laws, contracts, obligations, and rights. Their application yields (...) new categories of entities such as: corporations, trademarks, marriages, and parcels of real estate. The categorization of these entities by different legal systems has not, by-and-large, been conducted in ways which exploit the tools of modern ontology. Consequently, contradictions and inconsistencies often arise in the law when, for instance, one type of entity is forced into two mutually exclusive categories (e.g., when software is considered both patentable and copyrightable). Papers are invited which consider these and related issues from a philosophical point of view. (shrink)

The Leibniz Center for Law is involved in the project Digitale Uitwisseling Ruimtelijke Plannen [DURP (http://www.vrom.nl/durp); digital exchange of spatial plans] which develops a XML-based digital exchange format for spatial regulations. Involvement in the DURP project offers new possibilities to study a legal area that hasn’t yet been studied to the extent it deserves in the field of Computer Science & Law. We studied and criticised the work of the DURP project and the Dutch Ministry of internal affairs on (...) metadata for regulatory documents, and made an inventory of issues related to legal knowledge representation that it felt were not sufficiently covered by current initiatives in the Geographic Information Systems (GIS) field. This inventory was an input to the DURP standardisation effort. In a second phase of the project we extended the METALex XML schema (cf. Boer et al. 2002; Boer et al. 2003) for ‚regular’ legal sources that we developed in the past for geospatial regulatory information, in order to support exchange of spatial regulations, including the associated geospatial information in the form of maps. We developed a prototype application and demonstrated how the spatial planning information in GML can be combined with XML with only minimal changes, using the Web Ontology Language (OWL). This paper describes our experiences. (shrink)

The concept of "practices"--whether of representation, of political or scientific traditions, or of organizational culture--is central to social theory. In this book, Stephen Turner presents the first analysis and critique of the idea of practice as it has developed in the various theoretical traditions of the social sciences and the humanities. Understood broadly as a tacit understanding "shared" by a group, the concept of a practice has a fatal difficulty, Turner argues: there is no plausible mechanism by which a (...) "practice" is transmitted or reproduced. The historical uses of the concept, from Durkheim to Kripke's version of Wittgenstein, provide examples of the contortions that thinkers have been forced into by this problem, and show the ultimate implausibility of the idea. Turner's conclusion sketches a picture of what happens when we do without the notion of a shared practice, and how this bears on social theory and philosophy. It explains why social theory cannot get beyond the stage of constructing fuzzy analogies, and why the standard constructions of the contemporary philosophical problem of relativism depend upon this defective notion. This first book-length critique of practice theory is sure to stir discussion and controversy in a wide range of fields, from philosophy and science studies to sociology, anthropology, literary studies, and political and legal theory. (shrink)

Abstract‘[T]he “mainstream” of global governance has changed course’ and in so doing, might well have ‘outrun the standard tools of critical, progressive, and reform-minded international lawyers’, Fleur Johns wrote in 2019. It is especially the critical tools of ‘appeals to history, context, language [and] the grassroots’ in response to universalist planning that Johns sees absorbed in the turn to prototyping as a new ‘style’ of governance. In this article, we take on this observation and explore how the ‘lean start-up mentality’ (...) that Johns described has taken hold of tech-based climate governance. We base our reflections on the ‘Tech for Our Planet’ challenge that took place over 2021 and was showcased at the UNFCCC COP26 in Glasgow. While a turn ‘from planning to prototypes’ is observable, we question how exactly this ‘change of course’ affects the high modernist style of global governance and its critique by international lawyers. The ‘digital solutions for climate challenges’ that were showcased in Glasgow are indeed based on localized experiments with data science, thereby seemingly overcoming high modernist impulses towards universalist ideals. Yet, these experimental prototypes are developed with the ambition of being replicable and scaled up, to become a stack of tools deployable in any given scenario. This form of scaling up neither breaks with modernist aspirations based on technologically-mediated replicability—of moving the same logic inscribed in code to different sites and contexts—nor with a modernist understanding of knowledge as universal in its application. In our analysis, the determining feature is then not so much a matter of planning or prototyping in ideal type forms, but of replicability of knowledge production and scalability of technological know-how that underpin both planning and prototyping. Prototyping in the start-up space does not depart from, but rather reinscribes, a modernist representation of the human subject that forces its epistemological lens onto a world of nonhuman objects amenable to governance. Critical international lawyers’ toolkits must therefore be reconfigured with a focus on a governance style of disembodied knowledge production that runs through both planning and prototyping. (shrink)

In the study of special languages and translation, the legal field is often insulated from other domains. This is primarily due to the extreme system dependence of the terminology of law, which results from a lack of a common legal system of reference throughout the world. The abstract nature of this human-made field and its dynamicity in view of the continuously evolving case law and constant changes in legislation make it difficult to illustrate its complex ontology through traditional (...) terminology management techniques. Therefore, this paper argues for an interdisciplinary approach to constructing the ontology of legal concepts based on structural constituents from frame semantics and comparative law. Frames allowing for the representation of interconnected knowledge segments evoked by legal concepts and the distinction between micro- and macro-dimensions in legal comparison research make it possible to capture the complex ontology of legal terminology evoked in a specific point in time and a determined legal context. The ontological knowledge structure will be exemplified by terms from German social, commercial, employment, and tax law. (shrink)

In this study, secondary school DKAB (Religious Culture and Moral Knowledge) lesson’s belief learning domain has been examined structurally. In this context, the basic principles of belief have been discussed according to Māturīdīsm, Ash'arism, Mutazilite and in places according to Shia. The common points and different aspects of the ideas in the domain of belief of these schools have been examined in a comparative way. Subjects such as the attribute of taqwin/creation, which is the main discussion between Māturīdīsm and (...) Ashʿarism, whether Allah can be known by reason, whether the good and the evil are determined by reason or nass/verses are the examples. Additionally existance of the immutable attributes and that whether they are eternal or not, that whether ru’yatullah/seeing God is possible or not and the conditions of the afterlife which have been points of discussion between Mutazilite and Ahl es-Sunnah have been handled in the article. Surely these are matters of extensive discussion; this study evaluated these topics in the pedagogical context of the belief learning domain of the DKAB lesson. Firstly the theological background of the belief learning domain of DKAB lesson has been handled. Then learning outcomes which are the first elements of the curriculum have been classified. And thirdly the text books which are the second dimension of the curriculum have been analyzed. The method of the study is document analysis. Belief is the first of the learning domains designated as worship, morality, Prophet Muhammad and culture, and it is also of great importance because it is the basis of other learning domains. Belief learning domain is in the interest of curriculum designers in terms of having some pedagogical features but it must also be in harmony with theological acceptances as it is one of the basic components of religiosity. The theological background is also directly related to the political and legal context of the lesson, such as doctriner and non-confessional status. Because when various interpretations of religion do not have common points or when the common points are weak, the non-confessional feature will always be a controversial matter. In theological texts God has been described as essential, the almighty, the omniscient and one who intervenes in the history. Discussions between Kalam schools and philosophical schools about God's attributes, or the discussions within the Kalam schools are very important in terms of reflecting God-universe-human relationship. One of the most important problems in this issue is that the conception of God is not decisive, and that the conception of matter and human must be compatible with the conception of God. Developing a theology in the context of God's attributes, excluding matter and human conceptions leads to an over-abstraction of the theological background. Moreover, changes in the conception of matter and human will harm the conception of God, and the contribution of religious education to those who searching for meaning will decrease. The fact that the faith principles of Islamic religion do not vary depending on the sects strengthens the status of non-confessional religous education. In addition, an essential God conceptualization facilitates the management of people their lives. For believers, life has a purpose and it is a preparation for the afterlife. Furthermore in the context of cultural knowledge, gaining in-depth knowledge is a remarkable support for social life. On the other hand, the achievements in the lesson curriculum are at the first levels in terms of taxonomy and this shows that the lesson does not support high level learning and identity formation. Considering the speed and severity of the transformation in social life, it is necessary to provide some qualities that will support the construction of self and personality of those who take religious education. However, the low level of objectives of the curriculum and the one-dimensionality of Bloom's taxonomy used in the curriculum have been an unsolved problem for a long time. This points out the importance of developing a curriculum of religious education, taking into account the theological background and the individual and social dimensions of human beings. On the other hand, it can be thought that there are some problems in the establishment of the relationship between God-universe-human in the textbooks. Although the content is suitable for personal God representation and gives prominence to causality tought, when it comes to the idea of order of the universe, it contradicts with personal God representation and moral development. When the idea of order is over-objectivized in the textbooks, it becomes unclear how God intervenes in the universe. So, it remains suspended that the learners how make sense of events and their actions. (shrink)

Background On December 2017 the Italian Parliament approved law n. 219/2017 “Provisions for informed consent and advance directives” regarding challenging legal and bioethical issues related to healthcare decisions and end-of life choices. The law promotes the person’s autonomy as a right and provides for the centrality of the individual in every scenario of health care by mean of three tools: informed consent, shared care planning and advance directives. Few years after the approval of the law, we conducted a survey (...) among physicians working in four health care facilities specific for the care of people suffering from psychiatric disorders, cognitive disorders and dementia located in the North of Italy aiming to investigate their perceived knowledge and training need, attitudes regarding law n. 219/2017 provisions, and practices of implementation of the law. Methods A semi-structured questionnaire was developed on an online platform. The invitation to participate in the survey was sent by email to the potential participants. Information was collected by means of the online platform (Google Forms) which allows to export data in a spreadsheet (Windows Excel) to perform basic statistical analysis (frequency distributions, bar chart representation). Results Twenty-five out of sixty physicians participated in the survey. None of the respondents value their knowledge of the law as very good, 10 good, 13 neither poor nor good, 1 poor and 1 very poor. All the respondents want to learn more about the law (21 yes and 4 absolutely yes). The majority of respondents agrees with the content of the law as a whole (3 absolutely agree, 13 agree), and on each provision. The question on the clarity of the concept of capacity in the law received mixed answers and this impacted on the physicians’ opinion regarding the legitimacy in principle for our groups of patients to realize shared care planning and write advance directives. Thirteen physicians neither introduced the theme of shared care planning nor arranged for shared care planning and the main reason for this was that no patient was in a clinical situation to require it. When shared care planning is realized, a variability in terms of type and number of meetings, mode of tracking and communication is registered. Conclusions Our survey results indicate a need for more clarity regarding the interpretation and implementation of the law in the patient groups under study. There are in particular two related areas that deserve further discussion: (1) the question of whether these patient groups are in principle legitimized by the law to realize shared care planning or write advance directives; (2) the notion of capacity required by the law and how this notion can be declined in real-life situations. (shrink)

This game3 was designed to investigate protocols and strategies for resourcebounded disputation. The rules presented here correspond very closely to the problem of controlling search in an actual program. The computer program on which the game is based is LMNOP. It is a LISP system designed to produce arguments and counterarguments from a set of statutory rules and a corpus of precedents, and applied to legal and quasi-legal reasoning. LMNOP was co-designed by a researcher in AI knowledge (...) representation and by a trained computer scientist who was an editor of Washington University Law Review at the time. LMNOP is based on the idea of a non-demonstrative or defeasible rule: i.e., a rule that admits exceptions. It adopts a representational convention that supposes there is an implicit preference of more specific rules over less specific rules. In fact, it automatically adjudicates between competing arguments when one argument meets the broader criterion of being more specific than another. The convention is based on an idea origianlly presented by David Poole [85], and is embedded in a system of determining which arguments are ultimately warranted, which originally appeared in the literatures of epistemology and ethics, by Pollock [87]. This system evolves from work by the first author since 1987; the full statement of the theory is in [92]. Prakken [92] is one example of the idea’s application to the legal domain. LMNOP also draws heavily on the model of legal reasoning and analogical reasoning put forward by Edwina Rissland and Kevin Ashley [89, 90]. Similarities to their legal casebased reasoning program, HYPO, are no accident; LMNOP seeks to improve on HYPO. A description of LMNOP is forthcoming. (shrink)

Even in its limited state-based form, human law owes its existence to the natural physical world with its self-created value systems. What is understood as human law is grounded in human-nonhuman entanglements, themselves a subset of a multi-dimensional natural nomos consisting of the intricately connected normative worlds of animals, plants, earth, and cosmos. Complex and intersecting plural normative fields include those associated with the nonliving world, the multiple ontological worlds produced by life forms, and the many strata of human becoming (...) – cultural, cognitive, social, and representational. As plural the nomos contains many irreducible dimensions. Normative fields intersect, hybridise, and clash; they can mutually strengthen and also negate other normativities. In this article, I set out and explore some dimensions of the plural nomos with a focus on living beings, notably the connectedness of being, knowing and normativity. The living nomos co-emerges with being and with the embodied knowledge of even the simplest forms of life. Life is both cognitive and normative; living beings inherit ancestral norms but, in living and adapting, life creates new norms, biological, cultural, and behavioural. The living-knowing being is always normative – produced by the norming processes and constraints of life and matter at large. Normative elements are a critical part of the ontological and epistemological embeddedness of human beings in more than human worlds. Before law (or knowledge) can be about life, it is also of or from life. Expanding the analytical frame of law in this way is one method by which we might reshape western narratives of law, with the aims of promoting better openness to First Nations laws, discouraging western cultural superiority and human exceptionalism, and moving toward a more eco-sensitive view of the continuity between human law-culture-society and the natural world. (shrink)

Problem solving by autonomous, interacting computersystems has attracted much attention in the ArtificialIntelligence community. These autonomous computersystems, called agents, provide a promisingperspective for the legal knowledge-based systemscommunity, as legal problem solving often involvesdistributed problem solving capabilities that gobeyond the capabilities of individual knowledge-basedsystems.We focus on the coordination of agents andcommunication between agents by proposing a model ofcommunication between various agents using modellingtechniques such as communication primitives and statetransition diagrams. Our representation concerns theDutch Algemene Wet Bestuursrecht (...) (AWB; GeneralAct on Administrative Law). A proposal for an agentarchitecture describes how these communication aspectscan be incorporated into an architecture. (shrink)

Knowledge Representation and Reasoning (KR&R) is based on the idea that propositional content can be rigorously represented in formal languages long the province of logic, in such a way that these representations can be productively reasoned over by humans and machines; and that this reasoning can be used to produce knowledge-based systems (KBSs). As such, KR&R is a discipline conventionally regarded to range across parts of artificial intelligence (AI), computer science, and especially logic. This standard view of (...) KR&R’s participating fields is correct — but dangerously incomplete. The view is incomplete because, as we explain herein, sophisticated KR&R must rely heavily upon philosophy. Encapsulated, the reason is actually quite straightforward: Sophisticated KR&R must include the representation of not only simple properties, but also concepts that are routine in the formal sciences (theoretical computer science, mathematics, logic, game theory, etc.), and everyday socio-cognitive concepts like mendacity, deception, betrayal, and evil. Because in KR&R the representation of such concepts must be rigorous in order to enable machine reasoning (e.g., machine-generated and machine-checked proofs that a is lying to b) over them, philosophy, devoted as it is in no small part to supplying analyses of such concepts, is a crucial partner in the overall enterprise. To put the point another way: When the knowledge to be represented is such as to require lengthy formulas in expressive formal languages for that representation, philosophy must be involved in the game. In addition, insofar as the advance of KR&R must allow formalisms and processes for representing and reasoning over visual propositional content, philosophy will be a key contributor into the future. (shrink)

The aim of this paper is to provide a theoretical model of judicial reasoning that satisfactorily integrates the partial explanations offered by three differ- ent theoretical research paradigms: Philosophy of Law, Legal Epistemology, and Artificial Intelligence and Law.The model emerges from the application of knowledge elicitation and knowledge representation methods. The model employs the theory of neural networks as a theoretical metaphor in order to generate its explanations and its visual representations.The epistemological status of the model (...) is of a constructivist stripe. It is in line with contemporary research tendencies within cognitive psychology that propose that judicial reasoning may be better understood if we assume a coherentist and a connectionist approach.Resumen:El objetivo de este ensayo es presentar un modelo teórico del razona- miento judicial que pueda integrar de manera satisfactoria las explicaciones parciales ofrecidas en tres distintos paradigmas de investigación teórica: la filosofía del derecho, la epistemología jurídica y la inteligencia artificial aplicada al derecho.Este modelo surge de la aplicación de algunos métodos de elicitación y representación del conocimiento. Y emplea la teoría de las redes neurales como una metáfora teórica a fin de generar sus propias explicaciones y representaciones visuales.El estatus epistemológico del modelo es de corte constructivista, y se encuentra en la línea de las tendencias de investigación contemporánea dentro de la psicología cognitiva, la cual plantea que el razonamiento judicial puede ser entendido de mejor manera si asumimos un enfoque coherentista y conexionista. (shrink)