The Concept of Law is one of the most influential texts in English-language jurisprudence. 50 years after its first publication its relevance has not diminished and in this third edition, Leslie Green adds an introduction that places the book in a contemporary context, highlighting key questions about Hart's arguments and outlining the main debates it has prompted in the field. The complete text of the second edition is replicated here, including Hart's Postscript, with fully updated notes to include modern references (...) and further reading. (shrink)

This book analyses the general structure of constitutional rights reasoning under the German Basic Law. It deals with a wide range of problems common to all systems of constitutional rights review. In an extended introduction the translator argues for its applicability to the British Constitution, with particular reference to the Human Rights Act 1998.

We provide a retrospective of 25 years of the International Conference on AI and Law, which was first held in 1987. Fifty papers have been selected from the thirteen conferences and each of them is described in a short subsection individually written by one of the 24 authors. These subsections attempt to place the paper discussed in the context of the development of AI and Law, while often offering some personal reactions and reflections. As a whole, the subsections build into (...) a history of the last quarter century of the field, and provide some insights into where it has come from, where it is now, and where it might go. (shrink)

In November, 2009, a prominent group of privacy professionals, business leaders, information technology specialists, and academics gathered in Madrid to discuss how the next set of threats to privacy could best be addressed.The event, Privacy by Design: The Definitive Workshop, was co-hosted by my office and that of the Israeli Law, Information and Technology Authority. It marked the latest step in a journey that I began in the 1990’s, when I first focused on enlisting the support of technologies that could (...) enhance privacy. Back then, privacy protection relied primarily upon legislation and regulatory frameworks—in an effort to offer remedies for data breaches, after they had occurred. As information technology became increasingly interconnected and the volume of personal information collected began to explode, it became clear that a new way of thinking about privacy was needed.Privacy-Enhancing Technologies paved the way for that new direction, highlighting how the universal pr .. (shrink)

An accountability-based privacy governance model is one where organizations are charged with societal objectives, such as using personal information in a manner that maintains individual autonomy and which protects individuals from social, financial and physical harms, while leaving the actual mechanisms for achieving those objectives to the organization. This paper discusses the essential elements of accountability identified by the Galway Accountability Project, with scholarship from the Centre for Information Policy Leadership at Hunton & Williams LLP. Conceptual _Privacy by Design_ principles (...) are offered as criteria for building privacy and accountability into organizational information management practices. The authors then provide an example of an organizational control process that uses the principles to implement the essential elements. Initially developed in the ‘90s to advance privacy-enhancing information and communication technologies, Dr. Ann Cavoukian has since expanded the application of _Privacy by Design_ principles to include business processes. (shrink)

The philosophy of information (PI) is a new area of research with its own field of investigation and methodology. This article, based on the Herbert A. Simon Lecture of Computing and Philosophy I gave at Carnegie Mellon University in 2001, analyses the eighteen principal open problems in PI. Section 1 introduces the analysis by outlining Herbert Simon's approach to PI. Section 2 discusses some methodological considerations about what counts as a good philosophical problem. The discussion centers on Hilbert's famous analysis (...) of the central problems in mathematics. The rest of the article is devoted to the eighteen problems. These are organized into five sections: problems in the analysis of the concept of information, in semantics, in the study of intelligence, in the relation between information and nature, and in the investigation of values. (shrink)

This book explores how the design, construction, and use of robotics technology may affect today's legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts. By distinguishing between the behaviour of robots as tools of human interaction, and robots as proper agents in the legal arena, jurists will have to address a new generation of "hard cases." General disagreement may concern immunity in criminal law (e.g., the employment of robot soldiers in battle), personal (...) accountability for certain robots in contracts (e.g., robo-traders), much as clauses of strict liability and negligence-based responsibility in extra-contractual obligations (e.g., service robots in tort law). Since robots are here to stay, the aim of the law should be to wisely govern our mutual relationships. (shrink)

Relationships between empirical and philosophical approaches to the law have not been always peaceful. Agreement seems the most natural way to build up and implementing regulations and justice within human-machine inter-faces (natural and artificial societies), and might help to bridge the gap between both theoretical approaches. Recent researches on relational law, relational jus-tice, crowdsourcing, regulatory systems and regulatory models are introduced. These concepts need further clarification, but they stand as political companions to more standard conceptions of law in the Semantic (...) Web. (shrink)

This book presents the theory of the validity of legal norms, aimed at the practice of law, in particular the jurisdiction of the constitutional courts. The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception of law developed by Ralf Dreier and Robert Alexy is analysed in order to answer the question (...) whether the juristic concept of legal validity should include moral standards or criteria. In the second part, a postpositivist concept of legal validity and an innovative model of validity discourse, based on the juristic presumption of the validity of legal norms, are proposed. The book is a work on analytical legal theory, written from a postpositivist, detached point of view. (shrink)

In this paper I use philosophical accounts on the relationship between trust and knowledge in science to apprehend this relationship on the Web. I argue that trust and knowledge are fundamentally entangled in our epistemic practices. Yet despite this fundamental entanglement, we do not trust blindly. Instead we make use of knowledge to rationally place or withdraw trust. We use knowledge about the sources of epistemic content as well as general background knowledge to assess epistemic claims. Hence, although we may (...) have a default to trust, we remain and should remain epistemically vigilant; we look out and need to look out for signs of insincerity and dishonesty in our attempts to know. A fundamental requirement for such vigilance is transparency: in order to critically assess epistemic agents, content and processes, we need to be able to access and address them. On the Web, this request for transparency becomes particularly pressing if (a) trust is placed in unknown human epistemic agents and (b) if it is placed in non-human agents, such as algorithms. I give examples of the entanglement between knowledge and trust on the Web and draw conclusions about the forms of transparency needed in such systems to support epistemically vigilant behaviour, which empowers users to become responsible and accountable knowers. (shrink)

This paper discusses some engineering considerations that should be taken into account when building a knowledge based system, and recommends isomorphism, the well defined correspondence of the knowledge base to the source texts, as a basic principle of system construction in the legal domain. Isomorphism, as it has been used in the field of legal knowledge based systems, is characterised and the benefits which stem from its use are described. Some objections to and limitations of the approach are discussed. The (...) paper concludes with a case study giving a detailed example of the use of the isomorphic approach in a particular application. (shrink)

Based on the paradigm of Constructive Descriptions and Situations, we introduce NIC, an ontology of social collectives that includes social agents, plans, norms, and the conceptual relations between them. Norms are distinguished from plans, and their relations are formalized. A typology of social collectives is also proposed, including collection of agents, knowledge community, intentional collective, and normative intentional collective. NIC, represented as a first-order theory as well as a description logic for applications requiring automated reasoning, provides the expressivity to talk (...) about the contexts (social, informational, circumstantial, and conceptual), in which collectives make and produce sense within the interplay of plans and norms. (shrink)

. I will argue that the concept of law is a normative notion, irreducible to any factual description. Its conceptual function is that of relating certain properties a norm may possess to the conclusion that the norm is legally binding, namely, that it deserves to be endorsed and applied in legal reasoning. Legal validity has to be distinguished from other, more demanding, normative ideas, such as moral bindingness or legal optimality.