AI and Law (2)

Author(s):  
Hajime Yoshinoand Katsumi Nitta ◽  
◽  

In the last issue (Vol.1, No.2), we introduced the Legal Expert System (LES) project led by Hajime Yoshino of Meiji Gakuin University, presenting six papers on the LES project. Those papers were mainly related to higher order reasoning systems such as ase-based reasoning, abductive and inductive logic programming, nonmonotonic reasoning, and analogical reasoning. The objective of the LES project was to develop a legal expert system effective for use by lawyers, so the project covers inference mechanisms, analysis of legal knowledge, and user interfaces. In this second special issue on the LES project, we present five more papers, mainly related to the analysis of legal knowledge, legal knowledge representation language, and legal reasoning system user interfaces. Hajime Yoshino analyzes the logical structure of contract law. To develop a knowledge base for the United Nations Convention on Contracts for the International Sale of Goods (CISG), he proposes a clear logical model of the contract law system, which treats relations between events and legal status such as rights and obligations. Yoshino demonstrates that legal metarules are effective in constructing deductive legal reasoning systems, and are appropriate from the viewpoint of jurisprudence. Seiichiro Sakurai discusses the logical features of the legal knowledge representation language, CPF, developed by Hajime Yoshino. CPF is a logic programming language that enhances the representation of complex data structures. CPF is a convenient tool for representing legal knowledge, yet lawyers often attempt to describe nonexecutable forms of CPF rules.Sakurai introduces a way to construct an executable knowledge base from lawyers' CPF rules. Masato Shibasaki and Katsumi Nitta introduce a new framework to formalize nonmonotonic reasoning with dynamic priorities. The several frameworks proposed thus far to model relationships among arguments do not treat complex arguments, composed of strict rules and default rules. They show that the new framework represents such relationships and analyze these relationships for this framework and others. Takashi Miyata and Yuji Matsumoto introduce LES natural language generation using a user interface for lawyers rather than computer scientists. They describe a sentence generation system that translates logical forms provided from an inference engine into natural-language sentences, and present the unification grammar, generation algorithm and graphical debugging tool. To develop a knowledge base, the lawyers of the LES project analyze and represents the relationships between requirements (actions or events) and consequences (legal status) of legal rules in the form of logical flowcharts. Once the appropriateness of a flowchart is confirmed, they convert it to a CPF rule in their knowledge base. Koji Miyagi, Motoki Miura and Jiro Tanaka developed a flowchart editor that makes legal flowcharting easier. To make it easier to decide where to locate flowchart components and draw linens between the components, the editor possesses several algorithms.

Author(s):  
Hajime Yoshino ◽  

Since 1992, about 30 Japanese lawyers and computer scientists have been intensively engaged in a project of systematizing and computerizing legal reasoning. This project is the Study of Development of a Legal Expert System - Exploration of Legal Knowledge Structure and Implementation of Legal Reasoning or, in short, the "Legal Expert" Project. In this paper, I would like to introduce the Legal Expert project, explaining the goals, study organizations and their tasks in constructing legal expert systems in Japan.


Author(s):  
Hajime Yoshino ◽  
Katsumi Nitta

Lawyers use a reasoning process known as legal reasoning to solve legal problems. Legal expert systems could potentially help lawyers solve legal problems more quick and adequately, enable students to study law at school or at home more easily, and help legal scholars and professionals analyze the law and legal systems more clearly and precisely.In 1992, Hajime Yoshino of Meiji Gakuin University started a “Legal Expert Systems” project. This “Legal Expert” project is funded by the Japanese Ministry of Education, Science and Culture and is scheduled to run from May 1992 to March 1998. Yoshino organized over 30 lawyers and computer scientists to clarify legal knowledge and develop legal expert systems.This project covers a wide range of technologies such as the analysis of legal knowledge, the analysis of legal rules on international trade (United Nations Convention on Contracts for International Sale of Goods (CISG)), legal knowledge representation, legal inference models, utility programs to develop legal knowledge bases, and user interfaces. This project, which ends in March 1998, will focus on developing comprehensive legal expert systems as the final product. In this issue, we present 12 papers written by “Legal Expert” project members.In this number, Hajime Yoshino gives are overview of the legal expert systems project, explaining its aims, objectives, and organization. Six papers that follow his introduction include three on case-based reasoning. Legal rules are given by ambiguous predicates, making it difficult sometimes to determine whether conditions for rules are satisfied by the facts given of an event. In such cases, lawyers often refer to old cases and generate hypotheses through analogical reasoning.Kaoru Hirota, Hajime Yoshino and Ming Qiang Xu apply fuzzy theory to case-based reasoning. A number of related systems have been developed, but most focus on qualitative similarities between old cases and the current case, and cannot measure quantitative similarities. Hirota et al. treat quantitative similarity by applying fuzzy theory, explaining their method using CISG examples.Ken Satoh developed a way to compute an interpretation of undefined propositions in a legal rule using adversarial case-based reasoning. He translated old cases giving possible interpretations for a proposition into clauses in abductive logic programming and introduced abducibles to reason dynamically about important factors in an old case to the interpretation suiting the user’s purpose.Yoshiaki Okubo and Makoto Haraguchi formalized a way of attacking legal argument. Assume that an opponent has constructed a legal argument by applying a statute with an analogical interpretation. From the viewpoint of legal stability, the same statue for similar cases should be applied with the same interpretation. We thereby create a hypothetical case similar to the case in question and examine whether the statue can be interpreted analogically. Such a hypothetically similar case is created with the help of a goal-dependent abstraction framework. If a precedent in which a statue has been applied to a case with a different interpretation – particularly complete interpretation – can be found, the opponent’s argument is attacked by pointing out the incoherence of its interpretation of the statue.Takashi Kanai and Susumu Kunifuji proposed a legal reasoning system using abductive logic programming that deals with ambiguities in described facts and exceptions not described in articles. They examined the problems to be solved to develop legal knowledge bases through abductive logic programming, e.g., how to select ambiguities to be treated in abductive reasoning, how to describe time relationships, and how to describe an exception in terms of the application of abductive logic programming to legal reasoning.Toshiko Wakaki, Ken Satoh, and Katsumi Nitta presented an approach of reasoning about dynamic preferences in the framework of circumscription based on logic programming. To treat dynamic preferences correctly is required in legal reasoning to handle metarules such as lex posterior. This has become a hotly discussed topic in legal reasoning and more general nonmonotic reasoning. Comparisons of their method, Brewka’s approach, and Prakken and Sartor’s approach are discussed.Hiroyuki Matsumoto proposed a general legal reasoning model and a way of describing legal knowledge systematically. He applied his method to Japanese Maritime Traffic Law.Six more papers are to be presented in the next number


Author(s):  
Henry Larkin

Purpose – The purpose of this paper is to investigate the feasibility of creating a declarative user interface language suitable for rapid prototyping of mobile and Web apps. Moreover, this paper presents a new framework for creating responsive user interfaces using JavaScript. Design/methodology/approach – Very little existing research has been done in JavaScript-specific declarative user interface (UI) languages for mobile Web apps. This paper introduces a new framework, along with several case studies that create modern responsive designs programmatically. Findings – The fully implemented prototype verifies the feasibility of a JavaScript-based declarative user interface library. This paper demonstrates that existing solutions are unwieldy and cumbersome to dynamically create and adjust nodes within a visual syntax of program code. Originality/value – This paper presents the Guix.js platform, a declarative UI library for rapid development of Web-based mobile interfaces in JavaScript.


2020 ◽  
Vol 1 (1) ◽  
pp. 59-81
Author(s):  
La Ode Muhammad Jefri Hamzah ◽  
Abdul Agis ◽  
Hamza Baharuddin

Tujuan penelitian ini adalah untuk: (1) Menganalisis efektivitas pertanggungjawaban pidana terhadap pelaku usaha yang memproduksi dan memperdagangkan kosmetik ilegal berbahaya ditinjau dari Undang-Undang No. 8 Tahun 1999 tentang Perlindungan Konsumen; dan (2) Menganalisis faktor-faktor yang mempengaruhi efektivitas pertanggungjawaban pidana terhadap pelaku usaha yang memproduksi dan memperdagangkan kosmetik ilegal berbahaya ditinjau dari Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen. Penelitian ini adalah penelitian deskriptif dengan pendekatan yuridis-empiris. Hasil penelitian menunjukkan bahwa: Penegakan hukum terhadap pelaku usaha yang memproduksi dan memperdagangkan kosmetik ilegal yang berbahaya di Wilayah Polres Pelabuhan Makassar terlaksana kurang efektif. Meskipun demikian, proses penegakan hukum yang dilakukan tersebut sudah mengacu pada ketentuan perundang-undangan yang berlaku, seperti tersangka Sdr. ARFANDY alias ARFANDY BIN MUSTAFA yang terbukti melakukan tindak pidana mengedarkan sediaan farmasi/ kosmetika yang tidak memiliki izin edar, sehingga tersangka dijerat dengan Pasal 197 Jo pasal 106 ayat (1) UU R.I. No. 36 Tahun 2009 tentang Kesehatan, dan juga dijerat dengan Pasal 62 Ayat (1) Jo Pasal 8 ayat (1) UU R.I No. 8 Tahun 1999 tentang Perlindungan Konsumen. Faktor substansi hukum, struktur hukum, budaha hukum, sarana dan prasarana, dan pengetahuan hukum kurang berpengaruh terhadap penegakan hukum terhadap pelaku usaha kosmetik illegal yang berbahaya di Polres Pelabuhan Makassar. The purpose of this study is to: (1) Analyze the effectiveness of criminal liability against business actors who produce and trade dangerous illegal cosmetics in terms of Law No. 8 of 1999 concerning Consumer Protection; and (2) Analyzing the factors that influence the effectiveness of criminal liability against business actors producing and trading dangerous illegal cosmetics in terms of Law No. 8 of 1999 concerning Consumer Protection. This research is a descriptive study with a juridical-empirical approach. The results of the study show that: Law enforcement against businesses that produce and trade dangerous cosmetics that are dangerous in the Makassar Port Police Area is ineffective. Nevertheless, the law enforcement process carried out has referred to the applicable laws and regulations, such as the suspect Br. ARFANDY alias ARFANDY BIN MUSTAFA who was proven to have committed a crime of distributing pharmaceutical / cosmetic preparations that did not have a marketing authorization, so that the suspect was charged with Article 197 Jo article 106 paragraph (1) of Law R.I. No. 36 of 2009 concerning Health, and also snared with Article 62 Paragraph (1) Jo Article 8 Paragraph (1) of Law R.I No. 8 of 1999 concerning Consumer Protection. The factors of legal substance, legal structure, legal status, facilities and infrastructure, and legal knowledge have less influence on law enforcement against dangerous cosmetics business operators in Makassar Port Police


2013 ◽  
Vol 19 (6) ◽  
pp. 742-755 ◽  
Author(s):  
Ugur Uygur

AbstractThe knowledge-based view of the firm portrays knowledge assets as the basis of sustainable competitive advantage. However, leveraging the knowledge available to the firm is not straightforward. The transfer of best practices within the firm or the replication of a certain routine poses challenges for managers. Causal ambiguity of knowledge makes it difficult to transfer practices into other contexts within the firm. In this paper, a new framework is proposed that identifies four antecedents to causal ambiguity: complexity, tacitness, relevance to the existing knowledge base, and the locality of knowledge. The paper concludes with the implications of the framework.


Author(s):  
Дар’я Коваль

The article defines the category of “knowledge of the law”, reveals their components ‒ the level, scope and content of legal information. The relation between the concepts of “information” and “knowledge” has been established. Necessary and sufficient legal knowledge for the future teacher of history and jurisprudence have been identified, which includes: a system of historical, legal and psychological-pedagogical knowledge necessary and sufficient for professional activity, their breadth, volume, depth; mastering the process of acquiring this knowledge with subsequent use of it in educational and legal activities; focus on studying the law, legal literature, solving legal situations and considering social and legal problems, seeking information on changes in the social and legal life of society and the state, studying historical and legal disciplines, the legal status of a person, free operation of elementary legal concepts, awareness of the need for legal knowledge, knowledge of human and child rights in future professional activity and their proper application in defending their views, positions. The levels of legal knowledge sufficiency are set: high, medium, low, according to the characteristics: breadth of legal knowledge, their volume, depth. The high level includes students whose breadth, volume, depth of legal knowledge make it possible to always find the right legal criterion for personal action, on the one hand, and on the other, require legitimate behaviour and correct judgment from others. For intermediate-level students, interest in legal knowledge is limited to the “required” curriculum. Students with low levels of interest in law are unstable, with many gaps in legal knowledge. In general, the level of knowledge is insufficient to understand legal relations. Students do not have the necessary skills and abilities to conduct law enforcement work with students.


2020 ◽  
Vol 8 (1) ◽  
pp. 9-41
Author(s):  
Roman Kwiecień

The paper addresses the issue of a judicial forum entitled to resolve conflicts between European Union law and national constitutional rules. First and foremost, the issue is discussed under the old primacy/supremacy of EU law controversy. The author seeks to answer whether the national law, including constitutional rules, of a Member State can be ineffective owing to being contradictory to EU law. If so, by whom can national laws be held ineffective? In other words, which of the two judicial fora (national and European) have the last word in these conflicts or who is the ultimate arbiter of the constitutionality of law within the European legal space? The author argues that legal reasoning should reconcile, on the one hand, the specificity of the EU’s unique legal order and effective application of its provisions and, on the other hand, the international legal status of the Member States and their constitutions. This approach leads to the conclusion that there is no ultimate judicial arbiter within the European legal space.


2020 ◽  
Vol 5 (1) ◽  
pp. 97-125
Author(s):  
Ahmad Ali Mashudi

This article is result of library research. This research is included in the category of normative legal research. This research discussion aims to explain the legal status of non-Muslim mothers in the context of post-divorce child care. The findings of this study are that according to the ulama' of the four schools of thought, the haānah rights of an apostate mother should not be granted. The argument that is built is that haānah does not only take care of physically but also includes children's religious education. The non-Muslim mother is feared to have a direct or indirect influence on the child. The legal status of an apostate also affects legal action. The apostasy reduces the ability to raise children, so the majority of scholars' abort the haānah rights for apostate mothers. KHI explains child custody/haānah in general as regulated in article 105. Parenting rights of non-Muslim mothers are not regulated by KHI. Keywords: Parenting rights, non-Muslim mothers, legal reasoning   Abstrak Artikel ini adalah hasil dari penelitian pustaka (library research). Penelitian ini masuk dalam kategori penelitian hukum normatif. Diskusi penelitian ini bertujuan menjelaskan status hukum ibu nonmuslim dalam konteks pengasuhan anak pascaperceraian. Temuan penelitian ini adalah bahwa menurut ulama’ empat mazhab, hak haḍānah ibu murtad, tidak boleh diberikan. Argumen yang dibangun adalah haḍānah  tidak  hanya merawat secara jasmani saja akan tetapi haḍānah juga meliputi pendidikan agama anak. Ibu nonmuslim itu dikhawatirkan memberi pengaruh baik langsung maupun tidak langsung kepada anak. Status hukum seorang yang murtad juga mempengaruhi tindakan hukum. Kemurtadan itu mengurangi kecakapan dalam mengasuh anak, sehingga mayoritas ulama’ menggugurkan hak haḍānah bagi ibu murtad. KHI menjelaskan hak asuh anak/haḍānah secara umum saja sebagaimana diatur dalam pasal 105. Hak Pengasuhan ibu non muslim tidak diatur oleh KHI. Kata kunci: Hak pengasuhan, ibu nonomuslim, nalar hukum


Author(s):  
Slobodan Mitric

In line with new framework laws on decentralization and private-sector activities, several Polish cities have introduced changes to their mass-transportation sectors. Although state-owned companies monopolized the market in the pre-reform period, a greater reliance on market processes and actors has evolved. Major changes include a new legal status for mass-transportation companies that permits stock ownership by public and private partners and is intended to increase the independence of company management, create concession and subcontracting opportunities for private operators, introduce service agreements, and create new sectors reflecting the separation of mass-transportation companies' local regulatory and operational functions.


Author(s):  
Gabriele Kern-Isberner ◽  
Christoph Beierle ◽  
Gerhard Brewka

Syntax splitting, first introduced by Parikh in 1999, is a natural and desirable property of KR systems. Syntax splitting combines two aspects: it requires that the outcome of a certain epistemic operation should only depend on relevant parts of the underlying knowledge base, where relevance is given a syntactic interpretation (relevance). It also requires that strengthening antecedents by irrelevant information should have no influence on the obtained conclusions (independence). In the context of belief revision the study of syntax splitting already proved useful and led to numerous new insights. In this paper we analyse syntax splitting in a different setting, namely nonmonotonic reasoning based on conditional knowledge bases. More precisely, we analyse inductive inference operators which, like system P, system Z, or the more recent c-inference, generate an inference relation from a conditional knowledge base. We axiomatize the two aforementioned aspects of syntax splitting, relevance and independence, as properties of such inductive inference operators. Our main results show that system P and system Z, whilst satisfying relevance, fail to satisfy independence. C-inference, in contrast, turns out to satisfy both relevance and independence and thus fully complies with syntax splitting.


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