scholarly journals Conflicts in legal knowledge base

2012 ◽  
Vol 37 (2) ◽  
pp. 129-145 ◽  
Author(s):  
Tomasz Zurek
Keyword(s):  
Knowledge Base ◽  
Legal System ◽  
Inference Rules ◽  
Legal Knowledge ◽  
Accurate Representation ◽  
Clear Cut ◽  
Advisory System ◽  
Legal Problems ◽  
Primary Focus

Abstract The simulation of inference processes performed by lawyers can be seen as one way to create advisory legal system. In order to simulate such a process as accurately as possible, it is indispensable to make a clear-cut distinction between the provision itself, and its interpretation and inference mechanisms. This distinction would allow for preserving both the universal character of the provision and its applicability to various legal problems. The authors main objective was to model a selected legal act, together with the inference rules applied, and to represent them in an advisory system, focusing on the most accurate representation of both the content and inference rules. Given that the laws which stand in contradiction prove to be the major challenge, they will constitute the primary focus of this study.

Term extraction and management based on event templates

Terminology ◽  
2014 ◽  
Vol 20 (2) ◽  
pp. 151-170 ◽  
Author(s):  
Katia Peruzzo
Keyword(s):  
European Union ◽  
Knowledge Base ◽  
Legal System ◽  
Classification Criteria ◽  
The European Union ◽  
Additional Information ◽  
Term Extraction ◽  
Automatic Term Extraction ◽  
Multi Level ◽  
Victims Of Crime

The paper examines the possible usage of event templates derived from Frame-Based Terminology (Faber et al. 2005, 2006, 2007) as an aid to the extraction and management of legal terminology embedded in the multi-level legal system of the European Union. The method proposed here, which combines semi-automatic term extraction and a simplified event template containing six categories, is applied to an English corpus of EU texts focusing on victims of crime and their rights. Such a combination allows for the extraction of category-relevant terminological units and additional information, which can then be used for populating a terminological knowledge base organised on the basis of the same event template, but which also employs additional classification criteria to account for the multidimensionality encountered in the corpus.

scholarly journals PLACE AND ROLE OF THE THEORY OF STATE AND LAW IN THE SYSTEM OF LEGAL SCIENCES

2021 ◽  
Vol 38 (2) ◽  
pp. 9-12
Author(s):  
L.B. Gandarova ◽  
Keyword(s):  
Legal System ◽  
Public Life ◽  
Legal Knowledge ◽  
Complex State ◽  
Legal Science

The article examines the place of the theory of state and law in the system of legal sciences, and also emphasizes its fundamental role in the system of legal sciences. To substantiate his position, the author investigated the views of authoritative modern domestic legal scholars on the classification of legal sciences. The article identifies the main thematic blocks, which include all legal disciplines. The problems that hinder the development of the theory of state and law as a basic legal science are identified, its methodological nature is noted. It is concluded that without the assimilation of theoretical and legal knowledge, it is impossible to give a correct assessment of the complex state and legal phenomena of public life, to know their essence and purpose, to get an idea of the legal system as a whole

Contract

2005 ◽  
Author(s):  
James Gordley
Keyword(s):  
Twentieth Century ◽  
Legal System ◽  
Common Law ◽  
Contract Law ◽  
Legal Method ◽  
Legal Problems ◽  
Early Twentieth Century ◽  
The Will ◽  
The Law

‘Classical’ contract law was built on a substantive premise about contract law and two premises about legal method. The substantive premise was voluntaristic: the business of contract law is to enforce the will or choice of the parties. The first methodological premise was positivistic: the law is found, implicitly or explicitly, in the decisions of common law judges. The second methodological premise was conceptualistic: the law should be stated in general formulas which can be tested by their coherence. Finally, ‘classical’ contract law reflected an attitude about how best to steer a course — as every legal system must — between strict rules and equitable considerations. Since the early twentieth century, classical contract law has been breaking down. Allegiance to its premises has weakened as has the preference for rigor. At the same time, scholars have found classical law to be inconsistent even in its own terms. Nevertheless, much of it has remained in place faute de mieux while contemporary jurists have tried to see what is really at stake in particular legal problems. This article describes their work.

Getting Schooled: Legal Mobilization as an Educative Process

2017 ◽  
Vol 42 (01) ◽  
pp. 163-194 ◽  
Author(s):  
Mary Gallagher ◽  
Yujeong Yang
Keyword(s):  
Legal System ◽  
Formal Education ◽  
Legal Mobilization ◽  
Legal Knowledge ◽  
Legal Institutions ◽  
Legal Representation ◽  
Positive Effects ◽  
New Knowledge ◽  
Educative Process

This article explores the role of formal education and specific legal knowledge in the process of legal mobilization. Using survey data and in-depth case narratives of workplace disputes in China, we highlight three major findings. First, and uncontroversially, higher levels of formal education are associated with greater propensity to use legal institutions and to find them more effective. Second, informally acquired labor law knowledge can substitute for formal education in bringing people to the legal system and improving their legal experiences. The Chinese state's propagation of legal knowledge has had positive effects on citizens' legal mobilization. Finally, while education and legal knowledge are factors that push people toward the legal system, actual dispute experience leads people away from it, especially among disputants without effective legal representation. The article concludes that the Chinese state's encouragement of individualized legal mobilization produces contradictory outcomes—encouraging citizens to use formal legal institutions, imbuing them with new knowledge and rights awareness, but also breeding disdain for the law in practice.

Perspectives of law and culture on the end-of-life legislations in France, Germany, India, Italy and United Kingdom

2019 ◽  
Keyword(s):  
United Kingdom ◽  
End Of Life ◽  
Legal System ◽  
Common Law ◽  
Cultural Backgrounds ◽  
Law System ◽  
Life Study ◽  
The United Kingdom ◽  
Legal Problems ◽  
Legislative Changes

The interactions between law and culture in addressing the legal problems at the end of a life are currently being discussed in many countries. The discourse on this issue should be multidisciplinary, taking into account its legal, medical, ethical, philosophical and anthropological aspects. The concepts designed to manage the legal problems that occur when a life comes to an end are closely linked to the culture of each country. For this reason, countries with different cultural backgrounds have been selected for this comparative end-of-life study. In France, Germany and Italy, which have a continental legal system, the United Kingdom, which has a common law system, and India, the various religions and cultures exert an important influence on the modernisation of the legislation in this respect. The book deals with recent legislative changes and developments in the countries surveyed. With contributions by Soazick Kerneis, Guillaume Le Blanc, Jeanne Mesmin d’Estienne, Louis-Charles Viossat, Christophe Pacific, Volker Lipp, Christine Laquitaine, Philippe Poulain, Stephanie Rohlfing-Dijoux, Stefano Canestrari, Kartina A. Choong, Richard Law, Sabine Boussard, Prasannanshu Prasannanshu, Pierre Rosario Domingue, Arvin Halkhoree, Kerstin Peglow, Jörg Luther, Uwe Hellmann, Géraldine Demme, Sabir Kadel, Anja van Bernum, Marie Rossier, Victoria Roux, Charles Walleit, Berquis Bestvater

scholarly journals Müste’min Dealing with the Ottoman Justice: Role and Strategy of the Ambassador

2013 ◽  
Vol 93 (2) ◽  
pp. 477-494 ◽  
Author(s):  
Juliette Dumas
Keyword(s):  
Significant Role ◽  
Legal System ◽  
The Other ◽  
Legal Knowledge ◽  
Economic Aspects ◽  
Legal Advice ◽  
Local Actors ◽  
Special Rights ◽  
Lack Of Knowledge

Abstract Because of their status as foreigners, non-subject of the Empire, müsteʾmin are subject to a system of laws different from the other subjects of the Empire. They also benefit from advantages secured by the granting of imperial orders: the ʿahidnâme also known as the capitulations: these are prescriptions issued by the sultan, directly influenced by political and economic aspects and which may vary from one nation to another. However, it is not a code of law different from others in force in the Empire: except in specific cases prescribed by the capitulations, the müsteʾmin are submitted as other Ottoman subjects to the Ottoman legal system. Nevertheless, the Ottoman legal system is complex: the actors and the practices vary and depend on the individuals involved and cases. Therefore, the question is who are the interlocutors of the müsteʾmin? The documents examined here show that the type of conflicts impacted on the interlocutors that were involved. Each time the case involves, in one way or another, the privileges of the müsteʾmin from a given nation, the imperial divan had to solve the case—then, it usually refers to the local court. But if private, the case was directly submitted to the kadı. The call for submission of cases to the Imperial divan is interesting because it shows that confidence is put in the Imperial divan rather than in the kadı. Perhaps, it also reveals the limits of the legal knowledge of the privileges and the special rights granted to müsteʾmin. In fact, the population concerned by the Capitulations was minor and the affairs affecting them probably rare, as a result, one should not be surprised by the lack of knowledge of the local actors, of their privileges. The role of the embassy and of the ambassador must also be emphasized here. In our documents, it appears that the embassy as a whole played a significant role in supporting its citizens through legal advice, assistance and support. The French embassy even seems to have distinguished itself on this item since the legal support offered was presented by the ambassador.

scholarly journals MISTRANSLATION OF LEGAL TERMINOLOGY RECONSIDERED

2017 ◽  
Vol 32 ◽  
pp. 7-36
Author(s):  
Clara Ho-yan CHAN
Keyword(s):  
International Law ◽  
Legal System ◽  
International Agreements ◽  
Good Faith ◽  
Legal Knowledge ◽  
Republic Of China ◽  
Legal Traditions ◽  
Linguistic Research ◽  
Wide Range ◽  
Domestic Legislation

This study aims to explore different causes for the mistranslation of legal terminology in international agreements that are enforced through domestic legislation, and attempt to provide some solutions. It is said that legal training will help legal translators to render terminology correctly. This should be held true because many legal terms from different legal systems are ‘false friends’, in that even a well-trained lawyer may need to undertake extensive legal and linguistic research to render them in another language or legal system. This study, by use of a comparison of several translated legal terms from People’s Republic of China (PRC) and Taiwan, shows that besides the cause of ‘legal knowledge’, the disparities between international law and national law and different legal traditions can also lead to an improper transfer of legal terminology. Examples of these terms are “Copyright piracy” (Daoban 盗版 vs. qinhai zhuzuoquan 侵害著作权), “Good Faith” (Chengshi shouxin 诚实守信 vs. shanyi 善意), and “Inventive Step” (Famingxing de buzhou 发明性的步骤 vs. jinbuxing 进步性). In order to enhance translators’ legal knowledge, it is proposed that they be presented with some substantive laws together with simple illustrations of their structures. Translators should crosscheck their translations against a wide range of sources at work. 

scholarly journals Painful memories: Challenges in trauma-focused therapy for torture survivors with PTSD and chronic pain

2020 ◽  
Vol 30 (2) ◽  
pp. 35-57
Author(s):  
Iselin Solerød Dibaj ◽  
Joar Øveraas Halvorsen ◽  
Leif Edward Ottesen Kennair ◽  
Håkon Inge Stenmark
Keyword(s):  
Chronic Pain ◽  
Knowledge Base ◽  
Empirical Studies ◽  
Theoretical Models ◽  
Torture Survivors ◽  
Clear Cut ◽  
Complex Interactions ◽  
High Prevalence ◽  
Behavioral Paradigm ◽  
Recent Developments

Introduction: PTSD and chronic pain are disorders that researchers increasingly acknowledge to be risk factors that overlap and their comorbidity is associated with poorer treatment outcomes. This review focuses on torture survivors due to the high prevalence of comorbidity in this group, as well as how PTSD and chronic pain might develop, interact and mutually maintain each other. Methods: A narrative review of empirical studies and theoretical models regarding chronic pain and PTSD in torture survivors, informed by studies conducted in other contexts. Results and discussion: An overview of PTSD and chronic pain studies of torture survivors is presented. Treatment studies for torture survivors with PTSD are scarce and have been discouraging. Studies in other patient populations and theoretical models of main- taining factors within the cognitive-behavioral paradigm are presented, and focused around how interactions between PTSD and chronic pain might mitigate treatment of both disorders. Mutually maintaining factors between chronic pain and PTSD are presented as potential barriers to healing, and clinical implications involve suggestions for clinicians with intention to overcome these barriers in trauma-focused treatment of torture survivors. The knowledge base on how chronic pain and PTSD interact within the context of torture is still very limited.Torture is a potent risk factor in itself for both chronic pain and PTSD. Studies point to complex interactions between pain and PTSD across different trauma-exposed populations, especially when the trauma includes pain. Moreover, the coping strategies that are available and might function as some form of protection during torture [e.g. dissociation, withdrawal], might conversely function to exacerbate symptoms when the survivor is in a safe rehabilitation context. Observations combined with CPPC literature and recent developments in learning theory challenge clinical practice accordingly. Additionally, the limited knowledge base prevents us from providing clear-cut sugges- tions, particularly as the majority of scientific enquiry regarding chronic pain and PTSD has been conducted in other populations outside of the torture survivors group. Furthermore, cultural factors, specific needs and characteristics in this group, the human rights perspective and the socio-political context all need to be acknowledged. Trauma-focused treatment does not appear to specifically target all the mechanisms that are supposedly interacting in maintaining chronic pain and PTSD. Interdisciplinary rehabilitation and close collaboration between physiotherapists and trauma-focused therapists are warranted.

scholarly journals Associated Words Explorer (AWE) user manual

2021 ◽  
Author(s):  
Joshua Church ◽  
LaKenya Walker ◽  
Amy Bednar
Keyword(s):  
Accurate Representation ◽  
Additional Information ◽  
Primary Focus

This manual is intended for new users with minimal or no experience with using the Associated Word Explorer (AWE) tool. The goal of this document is to give an overview of the main functions of AWE. The primary focus of this document is to demonstrate functionality. Every effort has been made to ensure this document is an accurate representation of the functionality of the AWE tool. For additional information about this manual, contact [email protected].

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