We describe the state of the Talmudic Logic project as of end of 2019. The Talmud is the most comprehensive and fundamental work of Jewish religious law, employing a large number of logical components centuries ahead of their time. In many cases the basic principles are not explicitly formulated, which makes it difficult to formalize and make available to the modern student of Logic. This project on Talmudic Logic, aims to present logical analysis of Talmudic reasoning using modern logical tools. (...) We investigate principles of Talmudic Logic and publish a series of books, one book or more for each principle. The series begins with the systematic analysis of Talmudic inference rules. The first book shows that we can present Talmudic reasoning intuitions as a systematic logical system basic to modern non-deductive reasoning, such as Argumentum A Fortiori, Abduction and Analogy. The second book offers a systematic common sense method for intuitively defining sets and claims that this method adequately models the Talmudic use of the rules Klal uPrat. These books also criticize modern Talmudic research methodology. Later books deal with additional topics like Deontic logic, and Temporal logic, Agency and processes in the Talmud and more. The aims of the project are two fold: 1. To import into the Talmudic study modern logical methods with a view to help understand complicated Talmudic passages, which otherwise cannot be addressed. 2. To export from the Talmud new logical principles which are innovative and useful to modern contemporary logic. (shrink)
This paper considers the problem of how to evaluate an offender’s criminal record. This evaluation is part of the sentencing process carried out by a judge, and may be complicated in the case of offenders with a heavy record. We give a comprehensive overview of the approach to an offender’s past record in various (Western) countries, considering the two major approaches: desert-based and utilitarian. The paper describes the determination of the parameters involved in the evaluation, and the construction of a (...) decision support system to be used by a judge about to pass sentence in a criminal case. The system may be used as a stand-alone system, but can also be integrated as a component of a general sentencing support system, e.g. a statistical sentencing information system. The system is a knowledge-based system. The knowledge base (in rule-form) was created primarily by eliciting knowledge from experts (judges, lawyers, academics and probation officers), but also by applying statutory law, case law and legal authoritative texts. It is flexible in the sense, that a user can introduce his1 own preferences (expressed as numerical coefficients) and thereby apply different sentencing principles. The prototype is at present undergoing testing by some of the participating judges. (shrink)
This article deals with a set-theoretic interpretation of the Talmudic rules of General and Specific, known as Klal and Prat (KP), Prat and Klal (PK), Klal and Prat and Klal (KPK) and Prat and Klal and Prat (PKP).
Much legal research focuses on understanding how judicial decision-makers exercise their discretion. In this paper we examine the notion of legal or judicial discretion, and weaker and stronger forms of discretion. At all times our goal is to build cognitive models of the exercise of discretion, with a view to building computer software to model and primarily support decision-making. We observe that discretionary decision-making can best be modeled using three independent axes: bounded and unbounded, defined and undefined, and binary and (...) continuous. Examples of legal tasks are given from each of the eight ensuing octants and we conclude by saying what this model shows about current legal trends. We should stress that our taxonomy has been based on our observations of how discretionary legal decisions are made. No claim is made that our model is either complete (providing advice in every domain) or exact, but it does help knowledge engineers construct legal decision support systems in discretionary domains. (shrink)