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Über dieses Buch

The inspiring idea of this workshop series, Artificial Intelligence Approaches to the Complexity of Legal Systems (AICOL), is to develop models of legal knowledge concerning organization, structure, and content in order to promote mutual understanding and communication between different systems and cultures. Complexity and complex systems describe recent developments in AI and law, legal theory, argumentation, the Semantic Web, and multi-agent systems. Multisystem and multilingual ontologies provide an important opportunity to integrate different trends of research in AI and law, including comparative legal studies. Complexity theory, graph theory, game theory, and any other contributions from the mathematical disciplines can help both to formalize the dynamics of legal systems and to capture relations among norms. Cognitive science can help the modeling of legal ontology by taking into account not only the formal features of law but also social behaviour, psychology, and cultural factors. This book is thus meant to support scholars in different areas of science in sharing knowledge and methodological approaches. This volume collects the contributions to the workshop's third edition, which took place as part of the 25th IVR congress of Philosophy of Law and Social Philosophy, held in Frankfurt, Germany, in August 2011. This volume comprises six main parts devoted to the each of the six topics addressed in the workshop, namely: models for the legal system ethics and the regulation of ICT, legal knowledge management, legal information for open access, software agent systems in the legal domain, as well as legal language and legal ontology.

Inhaltsverzeichnis

Frontmatter

Models for the Legal System

Compliance with Normative Systems

I will argue that the cognitive attitudes and operations involved in compliance with normative systems are usually different from those involved in complying with isolated social norms. While isolated norms must be stored in the memory of the agents endorsing them, this does not happen with regard to large normative systems. In the latter case, the agent adopts a general policy-based intention to comply with the normative system as a whole, an intention that provides an abstract motivation for specific acts of compliance, once the agent has established that these acts are obligatory according the system. I will show how the endorsement of such a policy can be based on different individual attitudes, ranging from self-interest to altruistic, social or moral motivations. Finally, I will analyse how a normative system may both constrain powers and extend them, relying on this abstract motivation of its addressees.

Giovanni Sartor

Coherence-Based Account of the Doctrine of Consistent Interpretation

The aim of this paper is to provide a constraint satisfaction account of the doctrine of consistent interpretation developed by the European Court of Justice (now the Court of Justice of the EU) to protect effective and harmonious realization of the Communities’ aims. The doctrine can be naturally seen as pursuit for establishing coherence in initially incoherent set of propositions. I represent the doctrine in the framework of coherence-based model of legal argumentation (CMLA). An attempt to represent

Marleasing

case in this framework is discussed.

Michał Araszkiewicz

Ethics and the Regulation of ICT

Three Roads to Complexity, AI and the Law of Robots: On Crimes, Contracts, and Torts

The paper examines the impact of robotics technology on contemporary legal systems and, more particularly, some of the legal challenges brought on by the information revolution in the fields of criminal law, contracts, and tort law. Whereas, in international humanitarian law, scholars and lawmakers debate on whether autonomous lethal weapons should be banned, robots are reshaping notions of agency and human responsibility in civil (as opposed to criminal) law. Although time is not ripe for the “legal personification” of robots, we should admit new forms of both contractual and tort liability for the behaviour of these “intelligent machines.” After all, this is the first time ever legal systems will hold people responsible for what an artificial state-transition system “decides” to do.

Ugo Pagallo

The Legal Challenges of Networked Robotics: From the Safety Intelligence Perspective

One of the reasons that future robots will enhance their intelligence and actions in an unstructured environment is because of their “networked” feature. Current robot designs have difficulty in understanding unstructured environments due to the inherent diversity and unpredictability of phenomena in the real world. However, new developments such as ubiquitous computing, cloud computing, the Internet of things and next-generation internet technologies will make it easier for networked robots to obtain structured information about their physical environment. The formation of cloud-enabled robotics by advanced technology will be tightly integrated into the virtual and real world, and this will strengthen the impact of cyberspace to the real world. Although these developments may help reduce Open-Texture Risk from the networked robots, risk will be transferred from the physical world into the virtual world. In this paper, we will try to address some of the resulting legal implications. This paper is divided into four parts, the first part defines the meaning of cloud-enabled robotics; the second part analyzes how the Collective Dynamics derived from virtual and real world with autonomous behaviors by intelligent robots affect Open-Texture Risk to expand a Larger Range and bring a Deeper Impact; the third part explains the dispute of legal issues in future technology of cloud-enabled robotics; the final part analyzes the Safety Intelligence of cloud-enabled robotics in a long-term perspective, and the theoretical control framework that we propose in solving Open-Texture Risk.

Yueh-Hsuan Weng, Sophie Ting Hong Zhao

Cloud Computting: New Research Perspectives for Computers and Law

Cloud computing represents a new business paradigm whereby a series of computing resources are offered as a service, available on-demand, on a pay-per-use basis, over the Internet. In this paper, we propose a hypothesis of how Cloud computing can be described as a complex system and we describe the various risks and opportunities connected with the current implementation Cloud computing. We then present a preliminary model for the implementation an automated system of certification based upon the formalization of contractual rules and consumers’ preferences.

Daniele Bourcier, Primavera De Filippi

Legal Knowledge Management

Balancing Rights and Values in the Italian Courts: A Benchmark for a Quantitative Analysis

In conformity with the global tendency, balancing is increasingly used in judicial practice as an argumentation technique for solving legal disputes; more and more, judges of all levels ground their decisions on the balancing of individual rights, interests, principles, needs, and values. Legal science has formulated theoretical and formal models to explain the argumentative structure of balancing and the criteria governing the argumentation process, but, in the absence of a conceptual model that encompasses all elements in play and enables a comparative mechanism to be abstracted, mapping instances of judicial practice to abstract theories is still difficult. In this context, the goal of the project here described is to allow the logic of judicial practice emerge from cases, verifying from the bottom up the assumptions of theoretical models. Starting off from a broad analysis of Italian cases, the paper aims at analysing the object of this operation, that is, what is ’balanced’ and what is the nature of this process. The research was conducted by analysing the so-called ’massime’ (case law abstracts) of the Italian High Courts (Constitutional Court, Supreme Court, Council of State), of the administrative courts (Regional Administrative Tribunals) and of a selection of lower court decisions. The methodology is divided into an initial phase of documentary collection and storage, a second phase of conceptual modelling and a third phase of data analysis.

Tommaso Agnoloni, Maria-Teresa Sagri, Daniela Tiscornia

Survival of the Fittest: Network Analysis of Dutch Supreme Court Cases

In this paper we present the results of a study to see whether the number of citations to cases is an indication of the relevance and authority of these cases in the Dutch legal system. Fowler e.a. have shown such results for the US common law system, but given the different status of case law in continental tradition it is not clear whether this will hold in the Netherlands. Moreover, we introduce an alternative way to validate the results using selections made by human experts for legal education. We discuss the results and conclude that network analysis of cases is a useful tool for legal research.

Radboud Winkels, Jelle de Ruyter

Ontology Framework for Judgment Modelling

The paper shows how to model judgments starting from the text and capturing not only the structural parts, but also the basic arguments used by the judge to reach its conclusions. We have also included a qualification of citations following the Shepard’s method. The goal of this approach is to build a complete ontology framework capable of detecting and modelling knowledge directly from the judgment’s text, providing the basic metadata to the logic and reasoning layers.

Marcello Ceci, Monica Palmirani

Eunomos, a Legal Document and Knowledge Management System to Build Legal Services

We introduce the Eunomos software, an advanced legal document management system with terminology management. We describe the challenges of legal research in an increasingly complex, multi-level and multi-lingual world and how the Eunomos software helps expert users keep track of the state of the relevant law on any given topic. We will describe in particular the editorial process for building legal knowledge.

Guido Boella, Llio Humphreys, Marco Martin, Piercarlo Rossi, Leendert van der Torre

Axioms on a Semantic Model for Legislation for Accessing and Reasoning over Normative Provisions

In this paper an approach to the Semantic Web in the legal domain is presented: it is obtained by modelling legislative document semantic profiles using a model of normative provisions. An implementation of this approach through RDF/OWL, describing provisions and their relations, is proposed. In particular, a pattern able to implement Hohfeldian legal fundamental relations between provisions using OWL-DL expressivity is described within a case study involving duty and right provisions. An example of advanced access and reasoning over provisions using the proposed approach is shown.

Enrico Francesconi

Legal Information for Open Access

An Open Access Policy for Legal Informatics Dissemination and Sharing

Scholarly communication is facing great changes due to the revolution of digital technology and the raising of new economic models for academic publishing. In the legal domain, in particular, these changes affect a scenario dominated by a rigid and centralized control of information by a few large commercial publishers. This paper analyses these changes, proposing a road map for providing a digital publishing service for legal information materials based on Open Access policies and technological implementations.

Enrico Francesconi, Ginevra Peruginelli

Advancing an Open Access Publication Model for Legal Information Institutes

In this paper we propose an Open Access model for Legal Information Institutes (LIIs) publications in three steps: Accredited Public Archival (APA), Comment-Open Publication (COP) and peer reviewed Publication (PRP). This raises some ethical and legal issues on privacy and intellectual property which cannot be ignored. We would like to foster dialogue and discussion as the unique means to create an interactive framework among research communities, LIIs and users.

Pompeu Casanovas, Enric Plaza

Software Agent Systems in the Legal Domain

Combinations of Normal and Non-normal Modal Logics for Modeling Collective Trust in Normative MAS

We provide technical details for combining normal and a non-normal logics for the notion of collective trust. Such combinations lead to different levels of expressiveness of the system. We give a possible structure for a combined model checker for one of the logic resulting from such combinations.

Clara Smith, Agustín Ambrossio, Leandro Mendoza, Antonino Rotolo

Software Agents as Boundary Objects

Despite the wide use of agent-based applications in different areas of human activity, there hasn’t been paid much attention to understand how these applications are possible, taking into account that they are build by people coming from such conceptually distant fields of study as, for example, law, artificial intelligence, and software engineering. This paper aims to fill in this gap addressing the different approaches to software agents—understood as building blocks of agent-based applications—adopted in each of these fields of study and suggesting that the way to understand how do these fields manage to work together in building a single agent-based application resides in seeing these agents as boundary objects.

Migle Laukyte

Argumentation and Intuitive Decision Making: Criminal Sentencing and Sentence Indication

This paper investigates criminal sentencing in the Australian State of Victoria in particular the intuitive nature of the decision making and the difficulties of representing intuitive knowledge. In order for decision systems to be useful for the purposes of training novice practitioners and law students in the complex area of sentencing they must be constructed with an authentic cognitive model that faithfully represents the sentencing process and also the decision-making process. In this paper a pre-cognitive model of the sentencing process is presented.

Andrew Vincent

Application of Model-Based Diagnosis to Multi-Agent Systems Representing Public Administration

In public administration, legal knowledge in the form of

critical incidents

and, for want of a better word,

noncompliance storylines

is important for monitoring and enforcement, but has no natural place in traditional forms of legal knowledge representation such as normative rules or legal argument schemes. In this paper we present a model-based diagnosis view on the complex social systems in which large public administration organizations operate. The purpose of diagnosis as presented in this paper is to identify problematic agent role instances in a multi-agent system (MAS). We propose the model-based diagnosis problem as an explanation of the driving forces behind requests for change to the IT, business process design, and policy making departments in public administration. This makes model-based diagnosis an important potential legal knowledge acquisition frame for public administration.

Alexander Boer, Tom van Engers

Legal Language and Legal Ontology

Semantic Annotation of Legal Texts through a FrameNet-Based Approach

In this work we illustrate a novel approach for solving an information extraction problem on legal texts. It is based on Natural Language Processing techniques and on the adoption of a formalization that allows coupling domain knowledge and syntactic information. The proposed approach is applied to extend an existing system to assist human annotators in handling normative modificatory provisions –that are the changes to other normative texts–. Such laws ‘versioning’ problem is a hard and relevant one. We provide a linguistic and legal analysis of a particular case of modificatory provision (the

efficacy suspension

), show how such knowledge can be formalized in a linguistic resource such as FrameNet, and used by the semantic interpreter.

Marcello Ceci, Leonardo Lesmo, Alessandro Mazzei, Monica Palmirani, Daniele P. Radicioni

Developing a Frame-Based Lexicon for the Brazilian Legal Language: The Case of the Criminal_Process Frame

The FrameNet database has been used for semantic tagging and multilingual lexicon development. This paper describes the initial steps in the development of a lexicographic project that aims to build a legal frame-based lexicon for the Brazilian legal language. First, we discuss the FrameNet lexical analysis methodology. Second, we present the

Criminal_process

frame for the Brazilian legal system and the methodology we adopted in the development of this frame. Third, we discuss how FrameNet frames and Brazilian legal frames differ and how the semantic tags developed in the scope of this project could be used for semantic tagging and semantic parsing.

Anderson Bertoldi, Rove Luiza de Oliveira Chishman

Creative Commons and Grand Challenge to Make Legal Language Simple

In this paper we analyse the Creative Commons computerized licensing system. We draw the attention to the fact that despite considerable efforts to make the complicated task of licensing work using so-called free license as simple as possible, the system is apt to give rise to countless ambiguities often leading to copyright infringements. We maintain that the phenomenon has been caused by the modifications of ‘language’ that facilitates the communication of the relevant section of law and consequent loss of vital context and structure in the framework of which the communication has to be perceived. We come to a conclusion that while context and structure preserving modifications should be regarded as the preferable method of simplifying legal language, its scope is too narrow to achieve the goal of making legal language easily understandable for a layperson. Unconstrained simplification is powerful enough to achieve the goal but entails a danger of driving a layperson, as well as a professional, into undesirable outcomes.

Matěj Myška, Terezie Smejkalová, Jaromír Šavelka, Martin Škop

From User Needs to Expert Knowledge: Mapping Laymen Queries with Ontologies in the Domain of Consumer Mediation

We believe that an important element towards the improvement of online legal services lies in the ability to identify legally relevant textual segments in users queries. In this line, this paper presents a case study in the processing of citizens queries in the domain of consumer justice from the point of view of legal domain semantics. The analysis is made in the framework of the ONTOMEDIA project, which aims at the design of a semantic platform enabling users and professional mediators to meet in a community-driven Web portal. The paper first presents the characteristics of the platform and its requirements; then reports the term extraction methodology from a corpus of consumer queries, and draws some conclusions on the double nature of laymen representation of legal problems: both terminological-conceptual and script-like (in the form of storytelling narratives). The paper further proposes an annotation structure based on these dimensions, which can be exploited to train machine learning algorithms to automatically recognize legally relevant text fragments. The paper concludes with the discussion of open issues for future work.

Meritxell Fernández-Barrera, Pompeu Casanovas

Backmatter

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