Uses of Linguistic Argumentation in the Justification of Legal Decisions

Author(s):  
Eveline T. Feteris ◽  
Harm Kloosterhuis ◽  
H. José Plug
Keyword(s):  
2019 ◽  
Author(s):  
Ori Plonsky ◽  
Daniel L. Chen ◽  
Liat Netzer ◽  
Talya Steiner ◽  
Yuval Feldman

Author(s):  
Danny M. Adkison ◽  
Lisa McNair Palmer

In 1907, William Jennings Bryan described the proposed constitution for Oklahoma as “the best constitution in the United States today.” An enduring characteristic of Oklahoma’s constitution has been its faith in direct democracy and its root in Progressive Era politics. This book traces the historical formation and constitutional development of the state of Oklahoma. It provides commentary and analysis on the intent, politics, social and economic pressures, and the legal decisions that shaped and enhanced the Oklahoma constitution since it was adopted in 1907. The text gives a broad understanding of state constitutional law within the context of Oklahoma’s constitutional evolution.


2021 ◽  
Vol 11 (1) ◽  
pp. 1-37
Author(s):  
Nir Douer ◽  
Joachim Meyer

When humans interact with intelligent systems, their causal responsibility for outcomes becomes equivocal. We analyze the descriptive abilities of a newly developed responsibility quantification model (ResQu) to predict actual human responsibility and perceptions of responsibility in the interaction with intelligent systems. In two laboratory experiments, participants performed a classification task. They were aided by classification systems with different capabilities. We compared the predicted theoretical responsibility values to the actual measured responsibility participants took on and to their subjective rankings of responsibility. The model predictions were strongly correlated with both measured and subjective responsibility. Participants’ behavior with each system was influenced by the system and human capabilities, but also by the subjective perceptions of these capabilities and the perception of the participant's own contribution. A bias existed only when participants with poor classification capabilities relied less than optimally on a system that had superior classification capabilities and assumed higher-than-optimal responsibility. The study implies that when humans interact with advanced intelligent systems, with capabilities that greatly exceed their own, their comparative causal responsibility will be small, even if formally the human is assigned major roles. Simply putting a human into the loop does not ensure that the human will meaningfully contribute to the outcomes. The results demonstrate the descriptive value of the ResQu model to predict behavior and perceptions of responsibility by considering the characteristics of the human, the intelligent system, the environment, and some systematic behavioral biases. The ResQu model is a new quantitative method that can be used in system design and can guide policy and legal decisions regarding human responsibility in events involving intelligent systems.


2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Daniel Taborda ◽  
João Sousa

AbstractTo the best of our knowledge, this is the first paper focusing on the interpretations issued by different Portuguese courts concerning the application of the accrual principle established in the Corporate Income Tax Code.This paper uses a database of the Portuguese tax courts’ decisions and employs a case law-based research methodology to address the following question: under which circumstances the principle of justice may affect the strict application of the accrual principle? After collecting twenty-four legal decisions related to the application of the accrual principle outlined in tax law, this paper summarises eleven, grouping them according to the different issues under dispute. This analysis also includes the confrontation of the assumptions used by the tax authority and the claims of the taxpayers, identifying and discussing the legal arguments to override the strict application of the accrual principle.The main conclusion is that Portuguese courts may summon the principle of justice in taxation when taxpayers violate the accrual principle, in order to prevent unfair corrections to taxable income performed in tax audits. This paper found that the tax authority typically demands a rigid use of the accrual principle while the taxpayers often argue for a more flexible application. This last perspective has been adopted by the tax courts in certain circumstances, in particular when taxable income transfer was not motivated by tax avoidance.


2021 ◽  
pp. 001112872199934
Author(s):  
Jacqueline M. Chen ◽  
Adam D. Fine ◽  
Jasmine B. Norman ◽  
Paul J. Frick ◽  
Elizabeth Cauffman

Adults’ facial characteristics predict whether and how severely they are sentenced in the adult criminal justice system. We investigate whether characteristics of White and Latinx male youths’ faces predict the severity of their processing in the juvenile justice system. Among a sample of first-time offenders, despite no differences in the severity of their offenses, youth who were perceived by naïve observers as more dominant, less trustworthy, less healthy, and having darker skin were more likely to receive harsher sanctions. Thus, extralegal factors like appearance may bias legal decisions that place some youth at increased risk for more restrictive sanctioning. Our findings highlight the need for structured approaches to juvenile processing decisions that take youths’ appearance out of the picture.


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