What does it mean to assert or deny the existence of a legal system? How can one determine whether a given law belongs to a certain legal system? What kind of structure do these systems have, that is--what necessary relations obtain between their laws? The examination of these problems in this volume leads to a new approach to traditional jurisprudential question, though the conclusions are based on a critical appraisal, particularly those of Bentham, Austin, Kelsen, and Hart.

Hans Kelsen is considered by many to be the foremost legal thinker of the twentieth century. During the last decade of his life he was working on what he called a general theory of norms. Published posthumously in 1979 as Allgemeine Theorie der Normen, the book is here translated for the first time into English. Kelsen develops his "pure theory of law" into a "general theory of norms", and analyzes the applicability of logic to norms to offer an original and (...) extreme position which some have called "normative irrationalism". Examining the views of over 200 philosophers and legal theorists on law, morality, and logic, and revising several of his own earlier positions, Kelsen's final work is a mandatory resource for legal and moral philosophers. (shrink)

Decision-makers in governments, enterprises, businesses and agencies or individuals, typically, make decisions according to various regulations, guidelines and policies based on existing records stored in various databases, in particular, relational databases. To assist decision-makers, an expert system, encompasses interactive computer-based systems or subsystems to support the decision-making process. Typically, most expert systems are built on top of transaction systems, databases, and data models and restricted in decision-making to the analysis, processing and presenting data and information, and they do not provide (...) support for the normative layer. This paper will provide a solution to one specific problem that arises from this situation, namely the lack of tool/mechanism to demonstrate how an expert system is well-suited for supporting decision-making activities drawn from existing records and relevant legal requirements aligned existing records stored in various databases.We present a Rule-based reporting systems architecture, which is intended to integrate databases, in particular, relational databases, with a logic-based reasoner and rule engine to assist in decision-making or create reports according to legal norms. We argue that the resulting RuleRS provides an efficient and flexible solution to the problem at hand using defeasible inference. To this end, we have also conducted empirical evaluations of RuleRS performance. (shrink)

The effectiveness of a compliance management framework can be guaranteed only if the framework is based on sound conceptual and formal foundations. In particular, the formal language used in the CMF is able to expressively represent the specifications of normative requirements that impose constraints on various activities of a business process. However, if the language used lacks expressiveness and the modelling constructs proposed in the CMF are not able to properly represent different types of norms, it can significantly impede the (...) reliability of the compliance results produced by the CMF. This paper investigates whether existing CMFs are able to provide reasoning and modeling support for various types of normative requirements by evaluating the conceptual foundations of the modeling constructs that existing CMFs use to represent a specific type of norm. The evaluation results portray somewhat a bleak picture of the state-of-the-affairs when it comes to represent norms as none of the existing CMFs is able to provide a comprehensive reasoning and modeling support. Also, it points to the shortcomings of the CMFs and emphasises exigent need of new modeling languages with sound theoretical and formal foundations for representing legal norms. (shrink)

The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex (...) and large-scale systems such as law. (shrink)

We shall introduce a set of fundamental legal concepts, providing a definition of each of them. This set will include, besides the usual deontic modalities (obligation, prohibition and permission), the following notions: obligative rights (rights related to other’s obligations), permissive rights, erga-omnes rights, normative conditionals, liability rights, different kinds of legal powers, potestative rights (rights to produce legal results), result-declarations (acts intended to produce legal determinations), and sources of the law.

In this paper we propose an extension of Defeasible Logic to represent and compute different concepts of defeasible permission. In particular, we discuss some types of explicit permissive norms that work as exceptions to opposite obligations or encode permissive rights. Moreover, we show how strong permissions can be represented both with, and without introducing a new consequence relation for inferring conclusions from explicit permissive norms. Finally, we illustrate how a preference operator applicable to contrary-to-duty obligations can be combined with a (...) new operator representing ordered sequences of strong permissions. The logical system is studied from a computational standpoint and is shown to have linear computational complexity. (shrink)

There are cases in which the literal interpretation of statutes may lead to counterintuitive consequences. When such cases go to high courts, judges may handle these counterintuitive consequences by identifying problematic rule conditions. Given that the law consists of a large number of rule conditions, it is demanding and exhaustive to figure out which condition is problematic. For solving this problem, our work aims to assist judges in civil law systems to resolve counterintuitive consequences using logic program representation of statutes (...) and Legal Debugging. The core principle of Legal Debugging is to cooperate with a user to find a culprit, a root cause of counterintuitive consequences. This article proposes an algorithm to resolve a culprit. Since the statutes are represented by logic rules but changes in law are initiated by cases, we adopt a prototypical case with judgement specified by a set of rules. Then, to resolve a culprit, we reconstruct a program so that it provides reasons as if we applied case-based reasoning to a new set of prototypical cases with judgement, which include a new set of facts relevant to a considering case. (shrink)

A model of normative provisions and related axioms represented by using RDF/owl are presented as a contribution to implement the semantic web in the legal domain. In particular, a pattern able to implement the Hohfeldian legal fundamental relations between provisions using OWL-DL expressivity is proposed. Moreover, a query-based approach able to deal with relations between provision instances is described. An example of advanced access and reasoning over provisions using the proposed approach, as well as a prototype architecture of a provision (...) retrieval system, are shown. The main benefit is represented by the ability of the approach to keep the complexity of the problem within a description logic computational tractability. (shrink)