In order to represent legalknowledge adequately, it is vital to create a formal device that can freely construct an individual concept directly from a predicate expression. For this purpose, a Compound Predicate Formula (CPF) is formulated for use in legal expert systems. In this paper, we willattempt to explain the nature of CPFs by rigorous logical foundation, i.e., establishing their syntax and semantics precisely through the use of appropriate examples. We note the advantages of our system (...) over other such systems and discuss the significance of CPFs with regard to the formalization of legal reasonings using examples from the United Nations Convention for the International Sale of Goods. (shrink)
. The current literature in the Artificial Intelligence and Law field reveals uncertainty concerning the potential role of deontic logic in legalknowledgerepresentation. For instance, the Logic Programming Group at Imperial College has shown that a good deal can be achieved in this area in the absence of explicit representation of the deontic notions. This paper argues that some rather ordinary parts of the law contain structures which, if they are to be represented in logic, (...) will call for use of a reasonably sophisticated deontic logic. (shrink)
This paper presents a four layer model for working with legalknowledge in expert systems. It distinguishes five sources of knowledge. Four contain basic legalknowledge found in published and unpublished sources. The fifth consists of legal metaknowledge. In the model the four basic legalknowledge sources are placed at the lowest level. The metaknowledge is placed at levels above the other four knowledge sources. The assumption is that the knowledge (...) is represented only once. The use of metaknowledge at various levels should make it possible to use the appropriate knowledge for the problem presented to the system. The knowledge has to be represented as closely to the original format as possible for this purpose. Suitable representation formalisms for the various types of knowledge in the five knowledge sources are discussed. It is not possible to indicate a best representation formalism for each knowledge source. (shrink)
The Foundation for LegalKnowledge Systems (JURIX) has, sinceits foundation in 1988, become an internationally renowned forumfor Law and Artificial Intelligence in theNetherlands. This paper is based onan intellectual review of the work of JURIX requested by theorganisation as part of its 10th anniversary in December 1997 andpresented as a keynote address at the 10th anniversary conference.It has been updated to include the following two conferences. Itapplauds the overall effort but also suggests some directions forfuture development and suggests (...) in particular:The breadth of research has been commendable, butthere is a need to move towards greater integration of systems andmigration to internet based systems. (shrink)
There is more to legalknowledgerepresentation than knowledge-bases. It is valuable to look at legalknowledgerepresentation and its implementation across the entire domain of computerisation of law, rather than focussing on sub-domains such as legal expert systems. The DataLex WorkStation software and applications developed using it are used to provide examples. Effective integration of inferencing, hypertext and text retrieval can overcome some of the limitations of these current paradigms of (...) class='Hi'>legal computerisation which are apparent when they are used on a stand-alone basis. Effective integration of inferencing systems is facilitated by use of a (quasi) natural language knowledgerepresentation, and the benefits of isomorphism are enhanced. These advantages of integration apply to all forms of inferencing, including document generation and casebased inferencing. Some principles for development of integrated legal decision support systems are proposed. (shrink)
A representation methodology for knowledge allowing multiple interpretations is described. It is based on the following conception of legalknowledge and its open texture. Since indeterminate, legalknowledge must be adapted to fit the circumstances of the cases to which it is applied. Whether a certain adaptation is lawful or not is measured by metaknowledge. But as this too is indeterminate, its adaptation to the case must be measured by metametaknowledge, etc. This hierarchical model (...) of law is quite well-established and may serve well as a basis for a legalknowledge system. To account for the indeterminacy of law such a system should support the construction of different arguments for and against various interpretations of legal sources. However, automatizing this reasoning fully is unsound since it would imply a restriction to arguments defending interpretations anticipated at programming time. Therefore, the system must be interactive and the user''s knowledge be furnished in a principled way. Contrary to the widespread opinion that classical logic is inadequate for representing open-textured knowledge, the framework outlined herein is given a formalization in first order logic. (shrink)
There seems to be no clear consensus in the existing literature about the role of deontic logic in legalknowledgerepresentation — in large part, we argue, because of an apparent misunderstanding of what deontic logic is, and a misplaced preoccupation with the surface formulation of legislative texts. Our aim in this paper is to indicate, first, which aspects of legal reasoning are addressed by deontic logic, and then to sketch out the beginnings of a methodology (...) for its use in the analysis and representation of law.The essential point for which we argue is that deontic logic — in some form or other —needs to be taken seriously whenever it is necessary to make explicit, and then reason about, the distinction between what ought to be the case and what is the case, or as we also say, between the ideal and the actual. We take the library regulations at Imperial College as the main illustration, and small examples from genuinely legal domains to introduce specific points. In conclusion, we touch on the role of deontic logic in the development of the theory of normative positions. (shrink)
An application of Narrative KnowledgeRepresentation Language (NKRL) techniques on (declassified) ‘terrorism in Southern Philippines’ documents has been carried out in the context of the IST Parmenides project. This paper describes some aspects of this work: it is our belief, in fact, that the KnowledgeRepresentation techniques and the Intelligent Information Retrieval tools used in this experiment can be of some interest also in an ‘Ontological Modelling of Legal Events and Legal Reasoning’ context.
The paper outlines ongoing research on logic-based tools for the analysis and representation of legal contracts, of the kind frequently encountered in large-scale engineering projects and complex, long-term trading agreements. We consider both contract formation and contract performance, in each case identifying the representational issues and the prospects for providing automated support tools.
This paper presents an enhanced ontology formalization, combining previous work in Conceptual Structure Theory and Order-Sorted Logic. Most existing ontology formalisms place greater importance on concept types, but in this paper we focus on relation types, which are in essence predicates on concept types. We formalize the notion of ‘predicate of predicates’ as meta-relation type and introduce the new hierarchy of meta-relation types as part of the ontology definition. The new notion of closure of a relation or meta-relation type is (...) presented as a means to complete that relation or meta-relation type by transferring extra arguments and properties from other related types. The end result is an expanded ontology, called the closure of the original ontology, on which automated inference could be more easily performed. Our proposal could be viewed as a novel and improved ontology formalization within Conceptual Structure Theory and a contribution to knowledgerepresentation and formal reasoning (e.g., to build a query-answering system for legalknowledge). (shrink)
Concept representation is still an open problem in the field of ontology engineering and, more generally, of knowledgerepresentation. In particular, the issue of representing “non classical” concepts, i.e. concepts that cannot be defined in terms of necessary and sufficient conditions, remains unresolved. In this paper we review empirical evidence from cognitive psychology, according to which concept representation is not a unitary phenomenon. On this basis, we sketch some proposals for concept representation, taking into account (...) suggestions from psychological research. In particular, it seems that human beings employ both prototype-based and exemplar-based representations in order to represent non classical concepts. We suggest that a similar, hybrid prototype-exemplar based approach could also prove useful in the field of knowledgerepresentation technology. Finally, we propose conceptual spaces as a suitable framework for developing some aspects of this proposal. (shrink)
This paper discusses some engineering considerations that should be taken into account when building a knowledge based system, and recommends isomorphism, the well defined correspondence of the knowledge base to the source texts, as a basic principle of system construction in the legal domain. Isomorphism, as it has been used in the field of legalknowledge based systems, is characterised and the benefits which stem from its use are described. Some objections to and limitations of (...) the approach are discussed. The paper concludes with a case study giving a detailed example of the use of the isomorphic approach in a particular application. (shrink)
Objectives: Medical decision support and other intelligent applications in the life sciences depend on increasing amounts of digital information. Knowledge bases as well as formal ontologies are being used to organize biomedical knowledge and data. However, these two kinds of artefacts are not always clearly distinguished. Whereas the popular RDF(S) standard provides an intuitive triple-based representation, it is semantically weak. Description logics based ontology languages like OWL-DL carry a clear-cut semantics, but they are computationally expensive, and they (...) are often misinterpreted to encode all kinds of statements, including those which are not ontological. Method: We distinguish four kinds of statements needed to comprehensively represent domain knowledge: universal statements, terminological statements, statements about particulars and contingent statements. We argue that the task of formal ontologies is solely to represent universal statements, while the non-ontological kinds of statements can nevertheless be connected with ontological representations. To illustrate these four types of representations, we use a running example from parasitology. Results: We finally formulate recommendations for semantically adequate ontologies that can efficiently be used as a stable framework for more context-dependent biomedical knowledgerepresentation and reasoning applications like clinical decision support systems. (shrink)
This article describes an ontological model of norms. The basic assumption is that a substantial part of a legal system is grounded on the concept of agency. Since a legal system aims at regulating a society, then its goal can be achieved only by affecting the behaviour of the members of the society. We assume that a society is made up of agents (which can be individuals, institutions, software programs, etc.), that agents have beliefs, goals and preferences, and (...) that they commit to intentions in order to choose a line of behaviour. The role of norms, within a legal system, is to specify how and when the chosen behaviour agrees with the basic principles of the legal system. In this article, we show how a model based on plans can be the basis for the ontological representation of norms, which are expressed as constraints on the possible plans an agent may choose to guide its behaviour. Moreover, the paper describes how the proposed model can be linked to the upper level of a philosophically well-founded ontology (DOLCE); in this way, the model is set in a wider perspective, which opens the way to further developments. (shrink)
This paper presents a methodology to design and implement programs intended to decide cases, described as sets of factors, according to a theory of a particular domain based on a set of precedent cases relating to that domain. We useDialectical Frameworks, a recent development in AI knowledgerepresentation, as the central feature of our design method. ADFs will play a role akin to that played by Entity–Relationship models in the design of database systems. First, we explain how the (...) factor hierarchy of the well-known legal reasoning system CATO can be used to instantiate an ADF for the domain of US Trade Secrets. This is intended to demonstrate the suitability of ADFs for expressing the design of legal cased based systems. The method is then applied to two other legal domains often used in the literature of AI and Law. In each domain, the design is provided by the domain analyst expressing the cases in terms of factors organised into an ADF from which an executable program can be implemented in a straightforward way by taking advantage of the closeness of the acceptance conditions of the ADF to components of an executable program. We evaluate the ease of implementation, the performance and efficacy of the resulting program, ease of refinement of the program and the transparency of the reasoning. This evaluation suggests ways in which factor based systems, which are limited by taking as their starting point the representation of cases as sets of factors and so abstracting away the particular facts, can be extended to address open issues in AI and Law by incorporating the case facts to improve the decision, and by considering justification and reasoning using portion of precedents. (shrink)
It is almost universally acknowledged that first-order logic (FOL), with its clean, well-understood syntax and semantics, allows for the clear expression of philosophical arguments and ideas. Indeed, an argument or philosophical theory rendered in FOL is perhaps the cleanest example there is of “representing philosophy”. A number of prominent syntactic and semantic properties of FOL reflect metaphysical presuppositions that stem from its Fregean origins, particularly the idea of an inviolable divide between concept and object. These presuppositions, taken at face value, (...) reflect a significant metaphysical viewpoint, one that can in fact hinder or prejudice the representation of philosophical ideas and arguments. Philosophers have of course noticed this and have, accordingly, sought to alter or extend traditional FOL in novel ways to reflect a more flexible and egalitarian metaphysical standpoint. The purpose of this paper, however, is to document and discuss how similar “adaptations” to FOL—culminating in a standardized framework known as Common Logic —have evolved out of the more practical and applied encounter of FOL with the problem of representing, sharing, and reasoning upon information on the World Wide Web. (shrink)
This work studies the issue of political representation from the perspective of a specific legal culture, the exercise of political rights in the context of the occidental democratic system, a concept that has undergone a profound evolution to the present day. The essential aspects for an analysis of this progression are voting, decision making, and the relationship between representatives and their constituents. Overall, the phenomena making up the crisis of representation have been explained as a result of (...) changes that have affected the operation and structure of modern states constituted as representative democracies. The idea is that a well-functioning representative system comes primarily from the form of government and electoral system in which it develops. (shrink)
Several approaches to implementing symbol-like representations in neurally plausible models have been proposed. These approaches include binding through synchrony, “mesh” binding, and conjunctive binding. Recent theoretical work has suggested that most of these methods will not scale well, that is, that they cannot encode structured representations using any of the tens of thousands of terms in the adult lexicon without making implausible resource assumptions. Here, we empirically demonstrate that the biologically plausible structured representations employed in the Semantic Pointer Architecture approach (...) to modeling cognition do scale appropriately. Specifically, we construct a spiking neural network of about 2.5 million neurons that employs semantic pointers to successfully encode and decode the main lexical relations in WordNet, which has over 100,000 terms. In addition, we show that the same representations can be employed to construct recursively structured sentences consisting of arbitrary WordNet concepts, while preserving the original lexical structure. We argue that these results suggest that semantic pointers are uniquely well-suited to providing a biologically plausible account of the structured representations that underwrite human cognition. (shrink)
Legal Information Retrieval (IR) research has stressed the fact that legalknowledge systems should be sufficiently capable to interpret and handle the semantics of a database. Modeling (expert-) knowledge by using ontologies enhances the ability to extract and exploit information from documents. This contribution presents theories, ideas and notions regarding the development of dynamic electronic commentaries based on a comprehensive legal ontology.
This paper considers a guardianship model for the legalrepresentation of future generations. According to this model, national and international courts should be given the competence to appoint guardians for future generations, if agents who care about the welfare of posterity apply for the creation of a guardianship in relation to a dispute that can be resolved by the application of law. This reform would grant guardians of future people legal standing or locus standi before courts, that (...) is, the right to bring an action before a court of law for adjudication. Although the guardianship model faces several difficult theoretical and practical problems pertaining to the representation of different near and distant future generations, it is argued that this model – and certain other legal norms intended to protect future basic needs – can be justified on the basis of the principle of liberty. (shrink)
The idea that pictorial art can have cognitive value, that it can enhance our understanding of the world and of our own selves, has had many advocates in art theory and philosophical aesthetics alike. It has also been argued, however, that the power of pictorial representation to convey or enhance knowledge, in particular knowledge with moral content, is not generalized across the medium.
Research publication and dissemination of scholarly knowledge in Higher Education Institutions (HEIs) are among the most influential roles of many academic scholars in both industrialised and developing nations, but such experience and skills are rarely taught, transferred and shared in the real world. Dealing with issues of research misconduct might be challenging as well as learning opportunities for new academics while conducting research and scholarship teaching and publication in HEIs. In this review paper, I will discuss some concepts of (...) research misconduct, highlighting some relevant ethical and legal concerns in publication. This paper concludes that continued education and support on ethical research to graduates and scholars might help to prevent research misconduct related to publications and dissemination through developing appropriate strategies in practice. (shrink)
Juris-Data is one of the largest case-study base in France. The case studies are indexed by legal classification elaborated by the Juris-Data Group. Knowledge engineering was used to design an intelligent interface for information retrieval based on this classification. The aim of the system is to help users find the case-study which is the most relevant to their own.The approach is potentially very useful, but for standardising it for other legal document bases it is necessary to extract (...) a legal classification of the primary documents. Thus, a methodology for the construction of these classifications was designed together with a framework for index construction. The project led to the implementation of a Legal Case Studies Engineering Framework based on the accumulated experimentation and the methodologies designed. It consists of a set of computerised tools which support the life-cycle of the legal document from their processing by legal experts to their consultation by clients. (shrink)
This paper presents a new language for isomorphic representations of legalknowledge in feature structures. The language includes predefinedstructures based on situation theory for common-sense categories, andpredefined structures based on Van Kralingens frame-based conceptualmodelling language for legal rules. It is shown that the flexibility of thefeature-structure formalism can exploited to allow for structure-preservingrepresentations of non-primitive concepts, and to enable various types ofinteraction and cross- reference between language elements. A fragment of theDutch Opium Act is used to illustrate how modelling and (...) reasoning proceed in practice. (shrink)
Legal information retrieval is in need of the provision of legalknowledge for the improvement of search strategies. For this purpose, the LOIS project is concerned with the construction of a multilingual WordNet for cross-lingual information retrieval in the legal domain. In this article, we set out how a hybrid approach, featuring lexically and legally grounded conceptual representations, can fit the cross-lingual information retrieval needs of both legal professionals and laymen.
Considerable attention has been given to the accessibility of legal documents, such as legislation and case law, both in legal information retrieval (query formulation, search algorithms), in legal information dissemination practice (numerous examples of on-line access to formal sources of law), and in legalknowledge-based systems (by translating the contents of those documents to ready-to-use rule and case-based systems). However, within AI & law, it has hardly ever been tried to make the contents of sources (...) of law, and the relations among them, more accessible to those without a legal education. This article presents a theory about translating sources of law into information accessible to persons without a legal education. It illustrates the theory by providing two elaborated examples of such translation ventures. In the first example, formal sources of law in the domain of exchanging police information are translated into rules of thumb useful for policemen. In the second example, the goal of providing non-legal professionals with insight into legislative procedures is translated into a framework for making available sources of law through an integrated legislative calendar. Although the theory itself does not support automating the several stages described, in this article some hints are given as to what such automation would have to look like. (shrink)
In this inaugural lecture I offer, against the background of a discussion of knowledgerepresentation and its tools, an overview of my research in the philosophy of science. I defend a relational model-theoretic realism as being the appropriate meta-stance most congruent with the model-theoretic view of science as a form of human engagement with the world. Making use of logics with preferential semantics within a model-theoretic paradigm, I give an account of science as process and product. I demonstrate (...) the power of the full-blown employment of this paradigm in the philosophy of science by discussing the main applications of model-theoretic realism to traditional problems in the philosophy of science. I discuss my views of the nature of logic and of its role in the philosophy of science today. I also specifically offer a brief discussion on the future of cognitive philosophy in South Africa. My conclusion is a general look at the nature of philosophical inquiry and its significance for philosophers today. South African Journal of Philosophy Vol. 25 (4) 2006: pp. 275-289. (shrink)
According to the PubMed resource from the U.S. National Library of Medicine, over 750,000 scientific articles have been published in the ~5000 biomedical journals worldwide in the year 2007 alone. The vast majority of these publications include results from hypothesis-driven experimentation in overlapping biomedical research domains. Unfortunately, the sheer volume of information being generated by the biomedical research enterprise has made it virtually impossible for investigators to stay aware of the latest findings in their domain of interest, let alone to (...) be able to assimilate and mine data from related investigations for purposes of meta-analysis. While computers have the potential for assisting investigators in the extraction, management and analysis of these data, information contained in the traditional journal publication is still largely unstructured, free-text descriptions of study design, experimental application and results interpretation, making it difficult for computers to gain access to the content of what is being conveyed without significant manual intervention. In order to circumvent these roadblocks and make the most of the output from the biomedical research enterprise, a variety of related standards in knowledgerepresentation are being developed, proposed and adopted in the biomedical community. In this chapter, we will explore the current status of efforts to develop minimum information standards for the representation of a biomedical experiment, ontologies composed of shared vocabularies assembled into subsumption hierarchical structures, and extensible relational data models that link the information components together in a machine-readable and human-useable framework for data mining purposes. (shrink)
Contents: Foreword. Wolfgang BALZER and C. ULISES MOULINES: Introduction. José A. DÍEZ CALZADA: Structuralist Analysis of Theories of Fundamental Measurement. Adolfo GARCÍA DE LA SIENRA and Pedro REYES: The Theory of Finite Games in Extensive Form. Hans Joachim BURSCHEID und Horst STRUVE: The Theory of Stochastic Fairness - its Historical Development, Formulation and Justification. Wolfgang BALZER and Richard MATTESSICH: Formalizing the Basis of Accounting. Werner DIEDERICH: A Reconstruction of Marxian Economics. Bert HAMMINGA and Wolfgang BALZER: The Basic Structure of Neoclassical (...) General Equilibrium Theory. Klaus MANHART: Balance Theories: Two Reconstructions and the Problem of Intended Applications. Rainer WESTERMANN: Festinger's Theory of Cognitive Dissonance: A Structuralist Theory-Net. Rainer REISENZEIN: Wundt's Three-Dimensional Theory of Emotion. Pablo LORENZANO: Classical Genetics and the Theory-Net of Genetics. Hinne HETTEMA and Theo A.F. KUIPERS: The Formalisation of the Periodic Table. C. ULISES MOULINES: The Basic Core of Simple Equilibrium Thermodynamics. Thomas BARTELBORTH: An Axiomatization of Classical Electrodynamics. Author's Index. Subject Index. (shrink)
There is a growing interest in how people conceptualise the legal domain for the purpose of legalknowledge systems. In this paper we discuss four such conceptualisations (referred to as ontologies): McCarty's language for legal discourse, Stamper's norma formalism, Valente's functional ontology of law, and the ontology of Van Kralingen and Visser. We present criteria for a comparison of the ontologies and discuss the strengths and weaknesses of the ontologies in relation to these criteria. Moreover, we (...) critically review the criteria. (shrink)
This research employs Description Logics in order to focus on logical description and analysis of the phenomenon of ‘concept understanding’. The article will deal with a formal-semantic model for figuring out the underlying logical assumptions of ‘concept understanding’ in knowledgerepresentation systems. In other words, it attempts to describe a theoretical model for concept understanding and to reflect the phenomenon of ‘concept understanding’ in terminological knowledgerepresentation systems. Finally, it will design an ontology that schemes the (...) structure of concept understanding based on the proposed semantic model. (shrink)
Two different but closely related issues in current cognitive science will be considered in this essay. One is the controversial and extensively discussed question of how connectionist and symbolic representations of knowledge are related to each other. The other concerns the notion of connectionist learning and its relevance for the understanding of the distinction between propositional and nonpropositional knowledge. More specifically, I shall give an overview of a result in Rantala and Vadén establishing a limiting case correspondence between (...) symbolic and connectionist representations and, on the other hand, study the problem, preliminarily investigated in Rantala, of how propositional knowledge may arise from nonpropositional knowledge. I shall also try to point out that on some more or less plausible assumptions, often made by cognitive scientists, these results may have some significance when we try to comprehend the nature of human knowledgerepresentation. Some of these assumptions are rather hypothethical and debatable for the time being and they will become justified in the future only if there will be more progress in the empirical and theoretical research on the brain and on artificial networks. The assumptions concern, besides some questions of the behavior of neural networks, such things as the relevance of pattern recognition for modelling human cognition, in particular, knowledge acquisition, and the relation between emergence and reduction. (shrink)
The LegalKnowledge Engineering is a new topic of investigationof Artiﬁcial Intelligence. This paper discusses some relevant problems relatedto this new area in a summarized way. Within the Normative Law Theory,one question that arises naturally is that of contradiction, like for example:articles conﬂicting with other articles inside the same code, codes conﬂictingwith codes, codes conﬂicting with jurisprudence, and in general, treatmentswith conﬂicting propositions in Normative Law Theory. This paper suggeststo treat directly inconsistencies in the LegalKnowledge (...) Engineering; thisengineering has as underlying logic a paraconsistent annotated deontic logic.There are three main approximations in LegalKnowledge Engineering basedon: cases, rules and logic. In this paper, we consider the approximationbased on logic. It is considered a paraconsistent annotated deontic logic.Based on this logic, it is established a new proposal that is called Paraconsistent LegalKnowledge Engineering. For this proposal, it it is suggested ameta-interpreter to support the deontic operators as well as inconsistency —entitled on this paper Paralog D that can be used as a base to handle withthe issues discussed. (shrink)
A duality between Pawlak's knowledgerepresentation systems and certain information systems of logical type, called bi-consequence systems is established. As an application a first-order characterization of some informational relations is given and a completeness theorem for the corresponding modal logic INF is proved. It is shown that INF possesses finite model property and hence is decidable.
o formalization of intensional functions was made for the purpose of many-valued interpretation of the belief-operators within the scope of the classical logic system. The first aim of the paper is to present and discuss this rather unknown many-valued construction and its properties. The fact that the manyvaluedness of o systems is purely formal - their characteristic matrices are Boolean - calls for further consideration. Departing from intristic similarities of the tables for the epistemic operators to the information functions we (...) show that o structures may be rewritten as special knowledgerepresentation systems. These systems use 0 and 1 as the only values and are called “epistemic”. Their role for the theory of knowledge information systems may be compared to that of the functionally complete matrices in the class of all logical matrices for a given propositional language. (shrink)
Knowledge on regulatory relations, in for example regulatory pathways in biology, is used widely in experiment design by biomedical researchers and in systems biology. The knowledge has typically either been represented through simple graphs or through very expressive differential equation simulations of smaller sections of a pathway. As an alternative, in this work we suggest a knowledgerepresentation of the most basic relations in regulatory processes regulates, positively regulates and negatively regulates in logics based on a (...) semantic analysis. We discuss the usage of these relations in biology and in artificial intelligence for hypothesis development in drug discovery. (shrink)
KnowledgeRepresentation and Reasoning (KR&R) is based on the idea that propositional content can be rigorously represented in formal languages long the province of logic, in such a way that these representations can be productively reasoned over by humans and machines; and that this reasoning can be used to produce knowledge-based systems (KBSs). As such, KR&R is a discipline conventionally regarded to range across parts of artificial intelligence (AI), computer science, and especially logic. This standard view of (...) KR&R’s participating fields is correct — but dangerously incomplete. The view is incomplete because, as we explain herein, sophisticated KR&R must rely heavily upon philosophy. Encapsulated, the reason is actually quite straightforward: Sophisticated KR&R must include the representation of not only simple properties, but also concepts that are routine in the formal sciences (theoretical computer science, mathematics, logic, game theory, etc.), and everyday socio-cognitive concepts like mendacity, deception, betrayal, and evil. Because in KR&R the representation of such concepts must be rigorous in order to enable machine reasoning (e.g., machine-generated and machine-checked proofs that a is lying to b) over them, philosophy, devoted as it is in no small part to supplying analyses of such concepts, is a crucial partner in the overall enterprise. To put the point another way: When the knowledge to be represented is such as to require lengthy formulas in expressive formal languages for that representation, philosophy must be involved in the game. In addition, insofar as the advance of KR&R must allow formalisms and processes for representing and reasoning over visual propositional content, philosophy will be a key contributor into the future. (shrink)
Resumen: El artículo pretende dar cuenta de algunos de los problemas que caracterizan las prácticas contemporáneas de producción y validación de conocimiento científico en el ámbito de la ciencia jurídica. En general, y a diferencia de lo que sucede en otras áreas disciplinares de las ciencias sociales, entre el derecho y la ciencia jurídica se da una configuración singular según la cual los límites entre conocimiento producido y objeto de conocimiento aparecen ciertamente inestables. Esta singular configuración de la ciencia jurídica (...) permite comprender, entre otros problemas, la dificultad para los juristas de realizar investigaciones científicas propiamente, en lugar de comentarios de doctrina y/o jurisprudencia de marcado sesgo intervencionista, tendientes a proponer reformas interpretativas, legislativas o judiciales. En este trabajo nos abocaremos al análisis de tres obstáculos que condicionan esta singular configuración de la ciencia jurídica: la escasa reflexión sobre los supuestos epistemológicos de la ciencia jurídica, la identificación de lo jurídico con la norma y la reducción de éstas al texto de la ley y la presencia hegemónica de la dogmática jurídica como paradigma o concepción científica.: We intend to show some problems that characterize practices of production and validation of legalknowledge within juridical science. Unlike what happens in social sciences in general, between legal science and law there is a singular configuration by which the limits on knowledge and the object of knowledge are very uncertain. This singularity allows us to understand why it is so difficult for the jurists to make scientific research rather than mere comments on the law with a strong trend to propose institutional reforms and social interventions. In this paper, we will focus on three obstacles that contribute to explain this singularity on legal science: a lack of reflection about epistemological assumptions, identification between the juridical and positive laws and between positive laws and legal texts, and the hegemony of legal dogma in the paradigm of legal science. (shrink)
School counselors encounter ethical and legal situations that necessitate the knowledge and confidence to apply decision-making skills. We report the findings from a correlational investigation that examines practicing school counselors’ ethical and legal self-efficacy, ethical and legalknowledge, and general self-efficacy. Higher ethical and legal self-efficacy was associated with higher general self-efficacy and ethical and legalknowledge. The implications of these findings are discussed.
What do we know when we know the law? Not a set of rules or theories, but a set of practices that are at bottom practices of reading--reading the texts of the law, reading the world--and writing (including of course speaking), especially writing in news ways in the inherited language of the law. Legalknowledge is a writer's knowledge. It always has as one of its deepest themes the question of justice. These themes are explored through an (...) examination of the Model Penal Code, which respect to which I ask what it would be like to learn this material with an eye to using it as a language of thought and argument. It is full of tensions and fissures about the most important matters, including its conceptions of justice and the purposes of criminal law, its central ideas of blameworthiness as a function of intention or state of mind, and its conception of proportionality. These can be seen as defects to be cured, or as reflections of irremediable tensions deep in our thought about these matters which it is a virtue not a vice of the Code to render explicit. To shift from legislative to judge-made law, I next examine Holmes's famous opinions in Shenck and Abrams, which I read in the light offered by the Model Penal Code, using that text to help define the criminal law issues presented in the two cases. This in turn helps define Holmes's achievement in these cases as a transformation of the criminal law, which leads to his constitutional doctrine. Finally, I analyze Brandeis's opinion in Whitney as an intellectual and rhetorical achievement of a different, and more extraordinary, kind. In all of these, the idea is to demonstrate how it is that legalknowledge is a writer's knowledge: for the drafter of statutes, for the composer of judicial opinions applying statutory and constitutional law alike, and for the lawyer thinking through and arguing a case. (shrink)