I shall argue that software agents can be attributed cognitive states, since their behaviour can be best understood by adopting the intentional stance. These cognitive states are legally relevant when agents are delegated by their users to engage, without users’ review, in choices based on their the agents’ own knowledge. Consequently, both with regard to torts and to contracts, legal rules designed for humans can also be applied to software agents, even though the latter do not have rights and duties (...) of their own. The implications of this approach in different areas of the law are then discussed, in particular with regard to contracts, torts, and personality. (shrink)

The concept of legal power is important in the law since, with regard to actions having legal effect, the “exercise of legal power” delimits those actions for which manifestation of intention to achieve a legal effect is essential for the effect to ensue. The paper proposes a definition that captures this feature of legal power and marks it off from “direct effect,” as well as from permissibility and practical ability to achieve the legal effect. This analysis of power is limited (...) to the “immediate” legal power of a physical person characterized by the power-holder achieving a legal result by the power-holder's own behaviour. It is argued that in the literature on power the concept of legal power is frequently construed in such a way that it becomes either too broad or too narrow. (shrink)

In this paper we investigate a logic for modelling individual and collective acceptances that is called acceptance logic. The logic has formulae of the form $A_{Gx} \phi $ reading 'if the agents in the set of agents G identify themselves with institution x then they together accept that φ'. We extend acceptance logic by two kinds of dynamic modal operators. The first kind are public announcements of the form x!ψ, meaning that the agents learn that ψ is the case in (...) context x. Formulae of the form [x!ψ]φ mean that φ is the case after every possible occurrence of the event x!ψ. Semantically, public announcements diminish the space of possible worlds accepted by agents and sets of agents. The announcement of ψ in context x makes all ¬ψ-Worlds inaccessible to the agents in such context. In this logic, if the set of accessible worlds of G in context x is empty, then the agents in G are not functioning as members of x, they do not identify themselves with x. In such a situation the agents in G may have the possibility to join x. To model this we introduce here a second kind of dynamic modal operator of acceptance shifting of the form G:x↑ψ. The latter means that the agents in G shift (change) their acceptances in order to accept ψ in context x. Semantically, they make ψ-worlds accessible to G in the context x, which means that, after such operation, G is functioning as member of x (unless there are no ψ-worlds). We show that the resulting logic has a complete axiomatization in terms of reduction axioms for both dynamic operators. In the paper we also show how the logic of acceptance and its dynamic extension can be used to model some interesting aspects of judgement aggregation. In particular, we apply our logic of acceptance to a classical scenario in judgment aggregation, the so-called 'doctrinal paradox' or 'discursive dilemma' (Pettit, Philosophical Issues 11: 268-299, 2001; Kornhauser and Sager, Yale Law Journal 96: 82-117, 1986). (shrink)

This paper provides an analysis of how concepts pertinent to legal contracts can influence certain aspects of their digital implementation through smart contracts, as inspired by recent developments in distributed ledger technology. We discuss how properties of imperative and declarative languages including the underlying architectures to support contract management and lifecycle apply to various aspects of legal contracts. We then address these properties in the context of several blockchain architectures. While imperative languages are commonly used to implement smart contracts, we (...) find that declarative languages provide more natural ways to deal with certain aspects of legal contracts and their automated management. (shrink)

This paper provides a computational framework, based on defeasible logic, to capture some aspects of institutional agency. Our background is Kanger-Lindahl-Pörn account of organised interaction, which describes this interaction within a multi-modal logical setting. This work focuses in particular on the notions of counts-as link and on those of attempt and of personal and direct action to realise states of affairs. We show how standard defeasible logic (DL) can be extended to represent these concepts: the resulting system preserves some basic (...) properties commonly attributed to them. In addition, the framework enjoys nice computational properties, as it turns out that the extension of any theory can be computed in time linear to the size of the theory itself. (shrink)

In this paper we provide a formal analysis of the idea of normative co-ordination. We argue that this idea is based on the assumption that agents can achieve flexible co-ordination by conferring normative positions to other agents. These positions include duties, permissions, and powers. In particular, we explain the idea of declarative power, which consists in the capacity of the power-holder of creating normative positions, involving other agents, simply by proclaiming such positions. In addition, we account also for the concepts (...) of representation, namely the representatives capacity of acting in the name of his principal, and of mandate, which is the mandatees duty to act as the mandator has requested. Finally, we show how the framework can be applied to represent the contract-net protocol. Some brief remarks on future research and applications conclude this contribution. (shrink)