Growth of the private sector and privatization of state companies around the world have led to the emergence of various stock markets, some of which are depicted by insider trading. Law literature uses the arguments of unfairness, breach of fiduciary rights and damage to others to define and rule against insider trading. Economic literature can be used to interpret insider trading from other perspectives. This study argues that the question of insider trading in developing markets can be resolved by the (...) extent stock markets generate externalities and are public goods. It advocates structural changes in the developing markets and examines the conditions under which the Coase Theorem would work. (shrink)

Modeling law search and retrieval as prediction problems has recently emerged as a predominant approach in law intelligence. Focusing on the law article retrieval task, we present a deep learning framework named LamBERTa, which is designed for civil-law codes, and specifically trained on the Italian civil code. To our knowledge, this is the first study proposing an advanced approach to law article prediction for the Italian legal system based on a BERT (Bidirectional Encoder Representations from Transformers) learning framework, which has (...) recently attracted increased attention among deep learning approaches, showing outstanding effectiveness in several natural language processing and learning tasks. We define LamBERTa models by fine-tuning an Italian pre-trained BERT on the Italian civil code or its portions, for law article retrieval as a classification task. One key aspect of our LamBERTa framework is that we conceived it to address an extreme classification scenario, which is characterized by a high number of classes, the few-shot learning problem, and the lack of test query benchmarks for Italian legal prediction tasks. To solve such issues, we define different methods for the unsupervised labeling of the law articles, which can in principle be applied to any law article code system. We provide insights into the explainability and interpretability of our LamBERTa models, and we present an extensive experimental analysis over query sets of different type, for single-label as well as multi-label evaluation tasks. Empirical evidence has shown the effectiveness of LamBERTa, and also its superiority against widely used deep-learning text classifiers and a few-shot learner conceived for an attribute-aware prediction task. (shrink)

Identifying, classifying, and analyzing arguments in legal discourse has been a prominent area of research since the inception of the argument mining field. However, there has been a major discrepancy between the way natural language processing (NLP) researchers model and annotate arguments in court decisions and the way legal experts understand and analyze legal argumentation. While computational approaches typically simplify arguments into generic premises and claims, arguments in legal research usually exhibit a rich typology that is important for gaining (...) insights into the particular case and applications of law in general. We address this problem and make several substantial contributions to move the field forward. First, we design a new annotation scheme for legal arguments in proceedings of the European Court of Human Rights (ECHR) that is deeply rooted in the theory and practice of legal argumentation research. Second, we compile and annotate a large corpus of 373 court decisions (2.3M tokens and 15k annotated argument spans). Finally, we train an argument mining model that outperforms state-of-the-art models in the legal NLP domain and provide a thorough expert-based evaluation. All datasets and source codes are available under open lincenses at https://github.com/trusthlt/mining-legal-arguments. (shrink)

Argumentation mining aims to automatically detect, classify and structure argumentation in text. Therefore, argumentation mining is an important part of a complete argumentation analyisis, i.e. understanding the content of serial arguments, their linguistic structure, the relationship between the preceding and following arguments, recognizing the underlying conceptual beliefs, and understanding within the comprehensive coherence of the specific topic. We present different methods to aid argumentation mining, starting with plain argumentation detection and moving forward to a more structural analysis (...) of the detected argumentation. Different state-of-the-art techniques on machine learning and context free grammars are applied to solve the challenges of argumentation mining. We also highlight fundamental questions found during our research and analyse different issues for future research on argumentation mining. (shrink)

The Unruh-Wald scenario for mining quantum black holes is applied to de Sitter space. The following questions are addressed: Will the generalized second law of thermodynamics be maintained for de Sitter horizons? Does the mining process allow the recovery of unlimited energy from the cosmological gravitational field? The evaporation of a black hole in de Sitter space is also investigated in the context of the second law.

One of the main challenges for computational legal research is drawing up innovative heuristics to derive actionable knowledge from legal documents. While a large part of the research has been so far devoted to the extraction of purely legal information, less attention has been paid to seeking out in the texts the clues of more complex entities: legally relevant facts whose detection requires to link and interpret, as a unified whole, legal information and results of empirical analyses. This paper presents (...) an ongoing research that points in this direction, trying to devise new ways to support public prosecutors in assessing the dangerousness of individuals and groups under investigation, an activity that precisely relies on the cross-sectional evaluation of legal and empirical data. A knowledge mining strategy will be outlined that lines up, into a single metaheuristic model, information extraction, network-based inference, machine learning and visual analytics. We will focus, in particular, on the integration of graph-based inference and machine learning methods used both to support classification tasks and to explore new forms of man-machine cooperation. Experiments made involving public prosecutors from the Italian Anti-Mafia Investigation Directorate and using data from real investigations have not only shown the potentialities of our approach but also offered an opportunity to reflect on the role we could assign to AI when thinking about the future of legal science and practice. (shrink)

Privacy concerns involving data mining are examined in terms of four questions: What exactly is data mining? How does data mining raise concerns for personal privacy? How do privacy concerns raised by data mining differ from those concerns introduced by traditional information-retrieval techniques in computer databases? How do privacy concerns raised by mining personal data from the Internet differ from those concerns introduced by mining such data from data warehouses? It is argued that the (...) practice of using data-mining techniques, whether on the Internet or in data warehouses, to gain information about persons raises privacy concerns that go beyond concerns introduced in traditional information-retrieval techniques in computer databases and are not covered by present data-protection guidelines and privacy laws. (shrink)

Cause-related marketing has risen to become a popular strategy to increase business value through profit-motivated giving. Despite the growing number of articles published in the last decade, no comprehensive analysis of the most discussed constructs of cause-related marketing is available. This paper uses an advanced Text Mining methodology to conduct a comprehensive analysis of 246 articles published in 40 different journals between 1988 and 2013 on the subject of cause-related marketing. Text Mining also allows quantitative analyses to be (...) performed on the literature. For instance, it is shown that the most prominent long-term topics discussed since 1988 on the subject are “brand-cause fit”, “law and Ethics”, and “corporate and social identification”, while the most actively discussed topic presently is “sectors raising social taboos and moral debates”. The paper has two goals: first, it introduces the technique of CTM to the Marketing area, illustrating how Text Mining may guide, simplify, and enhance review processes while providing objective building blocks to be used in a review; second, it applies CTM to the C-RM field, uncovering and summarizing the most discussed topics. Mining text, however, is not aimed at replacing all subjective decisions that must be taken as part of literature review methodologies. (shrink)

Financial risks are among the most important risks in the construction industry projects, which significantly impact project objectives, including project cost. Besides, financial risks have many interactions with each other and project parameters, which must be taken into account to analyze risks correctly. In addition, a source of financial risks in a project is the contract, which is the most important project document. Identifying terms related to financial risks in a contract and considering their effects on the risk management process (...) is an essential issue that has been neglected. Hence, an integrated model for evaluating financial risks and their related contractual clauses were presented. To this end, the effect of financial risks on the project cost was simulated using a system dynamics model. Moreover, terms related to financial risks in a contract text were identified and extracted using text mining, and their effect was included in the system dynamics model. The model was implemented in a hospital construction project in Tehran as a case study, and its results were analyzed. The innovation of the research is integrating text mining and the system dynamics model to investigate the effect of financial risks and related contractual clauses on the project cost. (shrink)

A primer on legal issues relating to cyberspace, this textbook introduces business, policy and ethical considerations raised by our use of information technology. With a focus on the most significant issues impacting internet users and businesses in the United States of America, the book provides coverage of key topics such as social media, online privacy, artificial intelligence, and cybercrime as well as emerging themes such as doxing, ransomware, revenge porn, data-mining, e-sports and fake news. The authors, experienced in journalism, (...) technology and legal practice, provide readers with expert insights into the nuts and bolts of cyber law. Cyber Law and Ethics: Regulation of the Connected World provides a practical presentation of legal principles, and the book is essential reading for non-specialist students dealing with the intersection of the internet and the law. (shrink)

In order to improve education and teaching methods and meet the “heart” needs of college students in the era of big data, this paper analyzes the application of data mining technology in college mental health education, and introduces database technology and decision tree algorithm to support college mental health work. This process verifies the feasibility of this kind of system with the help of an example. Using the test standards outlined in this document, 1.5 previous test tasks were completed (...) within the timeframe. During the system test, the error rate was 14% and the number of tests was 7%.However, the error rate in the development stage is 11%, which is lower than 19% of the old version. The error rate in the acceptance stage is 14%, which is lower than 5% of the old version. That is to say, most of the errors were found in time in the system analysis and design stage. 14% of the problems found in the development stage are basically small problems in the interface display, which do not need major changes. However, the old version also includes design defects found in the development stage, and only large-scale rewriting of the involved modules. In the research process, the work of mental health in Colleges and universities has been promoted. At this time, the law of psychological changes of college students has been summarized. Therefore, the support of data mining technology can better meet the needs of mental health education in Colleges and universities. (shrink)

In 2023, the Grand Chamber of the European Court of Human Rights issued its ruling in the case of Sanchez v France. The case revolved around the conviction of the applicant, a politician, for inciting hatred or violence against people due to their religious affiliation. What makes this case unique among hate speech cases before the Strasbourg Court was that the applicant’s conviction did not stem from his own words but rather from his alleged failure to promptly remove commends made (...) by others under one of his (non-offensive) Facebook posts. This case has prompted a myriad of significant questions, the main one being, how an earth did we reach a point where imposing a criminal penalty on an internet user for someone else’s speech and how does such a penalty align with the principles of necessity and proportionality outlined in Article 10 of the European Convention on Human Rights (freedom of expression)? This paper aims to address this question by examining the Court’s approach to hate speech, particularly in the realm of politics, how to the Court situates politicians within the scope of Article 10 and how the gradual expansion of ‘duties and responsibilities’ incorporated in Article 10 to engulf those who are not the actual speakers (namely internet intermediaries and, with Sanchez individual politicians). It concludes that Sanchez constitutes a worrying term for the very worst of hate speech and free speech jurisprudence as individuals (at the moment just politicians) have a duty to be vigilant of what others say on the former’s social media pages. If they are not, criminal penalties are deemed to be justified and legitimate by Strasbourg. (shrink)

Pharmaceutical companies have exploited health information technology to “mine” data from drug prescriptions and use the data to better target their sales pitches to physicians. This article considers the policy arguments and first amendment implications regarding state regulation of data mining. It concludes that the legislative provisions are desirable and should withstand constitutional challenge.

Since we are generally not required to act altruistically, one question that arises is may children or incompetent adults be permitted ? or required ? to act for the benefit of others where the law would ordinarily only permit such an act if it were justified by a valid consent? In this article I consider how the law regulates decision making for children and incompetent adults and whether acts that would otherwise be considered altruistic are permissible. Using organ donation as (...) an example I argue that the law does permit them but only by manipulating the ?best interests? test. I consider some of the arguments in favour of allowing such decisions and conclude that it is apparent that there are circumstances in which they should be permitted but that the best interests test is inadequate and dishonestly conceals the real justifications for the decision. (shrink)

The increasing availability of personal data of a sequential nature, such as time-stamped transaction or location data, enables increasingly sophisticated sequential pattern mining techniques. However, privacy is at risk if it is possible to reconstruct the identity of individuals from sequential data. Therefore, it is important to develop privacy-preserving techniques that support publishing of really anonymous data, without altering the analysis results significantly. In this paper we propose to apply the Privacy-by-design paradigm for designing a technological framework to counter (...) the threats of undesirable, unlawful effects of privacy violation on sequence data, without obstructing the knowledge discovery opportunities of data mining technologies. First, we introduce a k-anonymity framework for sequence data, by defining the sequence linking attack model and its associated countermeasure, a k-anonymity notion for sequence datasets, which provides a formal protection against the attack. Second, we instantiate this framework and provide a specific method for constructing the k-anonymous version of a sequence dataset, which preserves the results of sequential pattern mining, together with several basic statistics and other analytical properties of the original data, including the clustering structure. A comprehensive experimental study on realistic datasets of process-logs, web-logs and GPS tracks is carried out, which empirically shows how, in our proposed method, the protection of privacy meets analytical utility. (shrink)

Pharmaceutical companies have long relied on direct marketing of their drugs to physicians through one-on-one meetings with sales representatives. This practice of “detailing” is substantial in its costs and its number of participants. Every year, pharmaceutical companies spend billions of dollars on millions of visits to physicians by tens of thousands of sales representatives.Critics have argued that drug detailing results in sub-optimal prescribing decisions by physicians, compromising patient health and driving up spending on medical care. In this view, physicians often (...) are unduly influenced both by marketing presentations that do not accurately reflect evidence from the medical literature and by the gifts that sales representatives deliver in conjunction with their presentations. (shrink)

We revisit Naturalized Epistemology and the Law of Evidence, published twenty years ago. The evolution of the relative plausibility theory of juridical proof is offered as evidence of the advantage of a naturalized approach to the study of the field and law evidence. Various alternative explanations of aspects of juridical proof from other disciplines are examined and their shortcomings described. These competing explanations are similar in their reductive, a priori approaches that are at odds with an empirically oriented naturalized approach. (...) The shortcomings of the various a priori approaches are driven by their common methodological commitments to employing weird hypotheticals to engage in intuition mining about the American legal systems that in turn ignore important aspects of the actual legal systems and consistently make impossible epistemological demands. As a result, both their descriptions of and prescriptions for American legal systems are implausible, unlike the relative plausibility theory. (shrink)

西洋哲学に対峙した日本の二人の思索者は無や直観、時間や場所などの主題をめぐり何を共有し、どうすれ違ったのか。明晰な最新研究。.

In this book I have tried to develop an analysis of the concept of an empirical law, an analysis that differs in many ways from the alternative analyse's found in contemporary literature dealing with the subject. 1 am referring especially to two well-known views, viz. the regularity and necessity views, which have given rise to many interesting papers and books within the philosophy of science. In developing my own views, it very soon became clear to me that the mere restatement (...) of these alternative views, followed by a discussion of their defects and an explanation of my own view, would not suffice to show what 1 regard as basically unsound in these views. If we seriously consider the well-known difficulties facing the regularity view, we have to consider the possibility that the time has arrived to stop our attempts to solve, by means of patch-work additions, the fundamental problem of empirical laws within the traditional context of logical positivist doctrines. I have tried to find a solution which is based on a different philosophical context, the main incentive being that the discouraging results of the customary attempts to solve the problem might have been the outcome of the fundamental philosophical setting within which the problem had been formulated and within which everyone looked for a solution. The problem of empirical laws is not a problem existing by its own rights - it is shaped by an underlying point of view or theoretical framework. For this reason I have started with a brief sketch of the logical positivist context. However, I want to stress the fact that my intention was not to offer an historical exposition, but an exposition which becomes meaningful when related to the subsequent arguments concerning empirical laws. The notion of direct or theory-free observation has been taken as the fundamental characteristic of the logical positivist point of view. This view has been further characterised by means of five theses, among which is the thesis that observational terms are isolated or theory-independent units of extensional meaning. These terms are then supposed to be the starting-points of meaning and the end-points of confirmation, and these very characteristics mark the privileged position such terms have in a logical positivist philosophy. The post-positivist view, on the other hand, is characterised by the opposing notion of theory-loaded observation. This notion leads to other conclusions which radically oppose some of the theses of logical positivism. The notion of theory- loaded observation itself, although often clearly stated, has not yet been systematically elucidated, and I have made an attempt to do this in ch. I after my sketch of the logical positivist context. This seemed to me to be necessary in order to make my post-positivist point of view as clear as possible, before tackling the problem of empirical law itself. I have paid special attention to the lawlikeness of concepts and their confirmation and falsification. These epistemological issues are followed by a separate examination of Goodman's riddle in ch. II, because it lies somewhere between the lawlikeness of concepts and the lawlikeness of laws. If Goodman's riddle is taken as a serious problem, as I think it should, it is primarily a problem of concept or theory formation and not a problem of induction. In ch. III the regularity view has been examined and the well-known difficulties related to such a view are considered, assuming the knowledge gained in ch. I. This has led to some interesting results, especially in connection with the analysis of counterfactuals and the confirmation of 'normal' singular conditionals, to which I return in the last chapter. Three different views of the necessity view are briefly stated and investigated in ch. IV. RESCHER'S view is, I think, close to mine, which has been developed in ch. V. However, there are fundamental epistemological differences between our views. In the last chapter I have given my own analysis of the concept of an empirical law, which should not be taken as a synthesis of a regularity and a necessity view, but as opposed to both. It is, as far as particulars may count, the result of an analysis of the concepts 'regularity' and 'necessity'. I have tried to argue that the greatest shortcoming of the regularity view lies in the fact that the proponents of such a view have not been really concerned with the concept of 'regularity' itself. They usually take this concept to be intuitively clear enough to serve as basis for their analysis. Their attacks upon the necessity view are based on the reproach that 'necessity' is a very obscure concept, and that it should, therefore, be avoided in the philosophy of science. We could, however, reproach them in a similar way, since the concept of 'regularity' is anything but clear. One may say that an empirical law formulates a 'regularity in nature', but we can only do justice to the function a law has in science, if we are ready to view this regularity as a necessary connection, which does not exist in an observer-independent reality, but in a theoretically co-constituted empirical world. This investigation does not pretend to answer all questions concerning empirical laws. It should, therefore, not be regarded as complete, but neither should the arguments and suggestions be regarded as completely free from ambiguity. Much remains to be done in order to offer a generally acceptable theory and better understanding. (shrink)

The most current text available on the international and U.S. law of the sea, this much-needed reference is built around the 1982 United Nations Convention on the Law of the Sea and other relevant maritime materials. While it addresses all aspects of ocean usage, much emphasis has been placed on issues of contemporary importance such as international fisheries, maritime boundaries, and deep seabed mining. The first part introduces traditional zones of jurisdiction and doctrine such as inland waters, territorial seas, (...) or high seas, as well as some new concepts related to navigation: the regimes of international straits and archipelagic waters and exclusive economic zones. The latter part analyzes functional issues such as fishing, oil and gas exploitation, mining, scientific research, and maritime pollution, referring on each subject to the U.S. law for comparison. (shrink)

A macroscope is proposed and tested here for the discovery of the unique argumentative footprint that characterizes how a collective manages differences and pursues disagreement through argument in a polylogue. The macroscope addresses broader analytic problems posed by various conceptualizations of large-scale argument, such as fields, spheres, communities, and institutions. The design incorporates a two-tier methodology for detecting argument patterns of the arguments performed in arguing by an interactive collective that produces views, or topographies, of the ways that issues are (...) generated in the making and defending of standpoints. The design premises for the macroscope build on insights about argument patterns from pragma-dialectical theory by incorporating research and theory on disagreement management and the Argumentum Model of Topics. The design reconceptualizes prototypical and stereotypical argument patterns for characterizing large-scale argumentation. A prototype of the macroscope is tested on data drawn from six threads about oil-drilling and fracking from the subreddit Changemyview. The implementation suggests the efficacy of the macroscope’s design and potential for identifying what communities make controversial and how the disagreement space in a polylogue is managed through stereotypical argument patterns in terms of claims/premises, inferential relations, and presentational devices. (shrink)

Capturing the interrelations among risks is essential to thoroughly understand and promote coal mining safety. From this standpoint, 105 risks and 135 interrelations among risks had been identified from 126 typical accidents, which were also the foundation of constructing coal mine risk network. Based on the complex network theory and Pajek, six parameters were employed to reveal the topological properties of CMRN. As indicated by the results, CMRN possesses scale-free network property because its cumulative degree distribution obeys power-law distribution. (...) This means that CMRN is robust to random hazard and vulnerable to deliberate attack. CMRN is also a small-world network due to its relatively small average path length as well as high clustering coefficient, implying that accident propagation in CMRN is faster than regular network. Furthermore, the effect of risk control is explored. According to the result, it shows that roof collapse, fire, and gas concentration exceeding limit refer to three most valuable targets for risk control among all the risks. This study will help offer recommendations and proposals for making beforehand strategies that can restrain original risks and reduce accidents. (shrink)

The natural experiments of history present an opportunity to test Hobbes' view of government and law as the wellspring of social order. Groups have found themselves in a wide variety of situations in which no governmental law existed, from shipwrecks to gold mining camps to failed states. Yet the wide variety of situations show common patterns among the groups in their responses to their often difficult circumstances. Rather than survival of the fittest, a more common reaction is social cooperation (...) and a commitment to fairness and justice, although both can be subverted in certain predictable ways. The absent-law situations also illustrate the dependence of social order and cooperation on a group's commitment to justice. The insights from the absent-law situations have implication for several modern criminal justice issues, including the appropriate distributive principle for criminal liability and punishment, restorative justice programs, the movement to promote non-incarcerative sanctions, transitional justice and truth commissions, the use-of-force rules under international law, the procedures for fairness in criminal adjudication, and crime-control policies in fighting organized crime and terrorism. (shrink)

Decision makers in banking, insurance or employment mitigate many of their risks by telling “good” individuals and “bad” individuals apart. Laws codify societal understandings of which factors are legitimate grounds for differential treatment —or are considered unfair discrimination, including gender, ethnicity or age. Discrimination-aware data mining implements the hope that information technology supporting the decision process can also keep it free from unjust grounds. However, constraining data mining to exclude a fixed enumeration of potentially discriminatory features is insufficient. (...) We argue for complementing it with exploratory DADM, where discriminatory patterns are discovered and flagged rather than suppressed. This article discusses the relative merits of constraint-oriented and exploratory DADM from a conceptual viewpoint. In addition, we consider the case of loan applications to empirically assess the fitness of both discrimination-aware data mining approaches for two of their typical usage scenarios: prevention and detection. Using Mechanical Turk, 215 US-based participants were randomly placed in the roles of a bank clerk or a citizen / policy advisor. They were tasked to recommend or predict the approval or denial of a loan, across three experimental conditions: discrimination-unaware data mining, exploratory, and constraint-oriented DADM. The discrimination-aware tool support in the eDADM and cDADM treatments led to significantly higher proportions of correct decisions, which were also motivated more accurately. There is significant evidence that the relative advantage of discrimination-aware techniques depends on their intended usage. For users focussed on making and motivating their decisions in non-discriminatory ways, cDADM resulted in more accurate and less discriminatory results than eDADM. For users focussed on monitoring for preventing discriminatory decisions and motivating these conclusions, eDADM yielded more accurate results than cDADM. (shrink)

This paper offers a sketch of the complicated conflicts which arise—and metastasize seemingly daily—in the era of Big Data. Given the public’s ubiquitous-yet-ostensibly-voluntary data surrender, and industry’s ubiquitous-yet-ostensibly-anodyne collection of the same, inaction is not an option for any near-just society. By revisiting the philosophical basis for Panoptic apparatus, sketching the tumultuous history of US contract law trying to protect the public from itself, and comparing existing industry codes for similarly-situated—read: terrifyingly invasive—fields, the paper will provide a preliminary framework for (...) identifying and confronting the galaxy of problems associated with data analytics. (shrink)

Having a good grasp of theories of child development and what these look like in practice, can make a positive difference to how you understand babies and children and the ways in which they learn. This guide offers easy access to a wide range of concepts, as well as traditional and current theories, of how babies and children learn. Each chapter offers clear guidance on how to recognise the theory in action within the setting and suggests ways to test these (...) ideas out in early years' settings, supporting the development of reflective practice. Case studies are included throughout, along with questions to guide thinking and encourage readers to develop their practice. Summaries conclude each chapter offering a quick reference of the theory examined and the benefits of applying it to practice. An essential guide for those looking to develop their practice in supporting child development within the Early Years. (shrink)

The main purpose of this paper is to seek a reconciliation between two apparently conflicting views of mine. I have argued (for example, Smart, 1963) for realism about theoretical entities, for example electrons, protons, photons, possibly space-time points, perhaps the ‘Y’-wave of Schrödinger’s equation and so on. Quine has also plausibly argued that we should believe in mathematical entities, since in physics we quantify over them no less than over electrons and protons. I except cases in which in physics the (...) existential quantifications are part of merely pretence discourse. Perhaps in spherical astronomy talk of the celestial sphere should be treated in this way. Alternatively the celestial sphere could be thought of realistically as a sphere whose centre is that of the earth while the stars and planets are thought of (or correlated with) points or small areas on the sphere’s surface in their lines of sight. I am not concerned in this paper to delimit fact from fiction in scientific discourse. The settlement of borderline disputes can wait for another occasion. My main argument for scientific realism is the cosmic coincidence argument. Would it not be a cosmic coincidence if the world were merely as if there were electrons, protons, etc?1. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.3 (2001) 381-399 [Access article in PDF] Permissive Natural Law and Property: Gratian to Kant Brian Tierney In his Doctrine of Right Kant set out to formulate a theory of property that would be based on purely rational argumentation, that would abstract "from all spatial and temporal conditions," and that would be applicable to any person, "merely because and insofar as he is (...) free and has practical reason." But from the time when the work first appeared Kant scholars have found many difficulties in the teaching that he presented. Many of them relate to the idea of permissive natural law that Kant introduced at a key point to his argument.In a previous, complementary article I discussed in detail various apparent aporias that arose in Kant's treatment of this concept and suggested that we might understand his problems better by setting them in a broader historical context than those considered in standard works like those of Reinhard Brandt and Wolfgang Kersting. 1 This is the theme that I want to explore further in the present paper.To sum up briefly some of the difficulties in the Doctrine of Right: A central problem for Kant was to explain how rightful possession of individual property could emerge from a hypothetical state of nature where everything was common to all, where everyone had a right to everything. His argument was grounded on a concept of freedom understood as "a pure rational concept." Kant maintained that every person had an innate right to freedom and from this he deduced a universal law of Right: "[S]o act externally that the free use of your choice can coexist with the freedom of everyone." 2 But the person who first seized for himself what had been common to all evidently did encroach on the freedom of others (their freedom to use the property that had been taken). [End Page 381]To address this problem Kant formulated a "postulate of practical reason" concerning property. Citing the Roman law doctrine of res nullius he argued that external things could in principle be acquired. 3 Then he restated the postulate as a permissive law that obliged others to respect the claim of a first occupant. "This postulate can be called a permissive law (lex permissiva) of practical reason which gives us an authorization... to put all others under an obligation, which they would not otherwise have...." 4 But to put others under an obligation is to encroach on their freedom, which would be a violation of the universal law of Right. For Kant, laws that could be discerned by reason alone without promulgation by a legislator, were understood to be natural laws. 5 The universal law of Right and the permissive law of practical reason were both laws of this kind. It seems therefore that natural law contradicted itself. It prohibited and permitted an action at the same time.Other difficulties arose as the argument proceeded. Kant repeatedly asserted that rightful possession must depend on consent expressed in "a collective general (common) and powerful will," "a will that is united originally and a priori"; 6 but he acknowledged that such a general will would not exist in a state of nature before the institution of civil society and that an act of original acquisition would necessarily proceed from a unilateral will. "But the will that a thing is to be mine... can be only unilateral." 7 And yet Kant also wrote, "By my unilateral choice I cannot bind another to refrain from using a thing, an obligation he would not otherwise have." 8 Kant never did explain how a permissive law, allowing a person to act unilaterally, could impose an obligation on others.In my earlier discussion of Kant's work I indicated that it might be fruitful to approach these difficulties by investigating some previous ways of using the language of permissive natural law, especially as it related to the origin of property rights. There is indeed a whole earlier tradition of thought to be considered. An investigation of this material... (shrink)

Early Childhood and Neuroscience is a practical guide to understanding the complex and challenging subject of neuroscience and its use (and misapplication) in early childhood policy and practice. The 2nd edition has been updated throughout and includes three new chapters on: - the effects of childhood trauma - school readiness - neurodiversity It also includes a new Foreword by Laura Jana (Penn State University, USA). The book provides a balanced overview of the debates by weaving discussion on the opportunities of (...) using neuroscience in early childhood practice with examination of the limitations and ethical implications throughout the chapters. This enables students to inform their own opinions about the discipline and its use in their future practice. Clear explanations of the main terms and theories are complemented with illustrative case studies of cutting-edge research from around the world, a glossary of key terms and suggestions for further reading. Reflective discussion questions give students the chance to apply their theoretical knowledge to real-world contexts. (shrink)

オリンピック招致問題、部活絶対主義、スポーツへの逃避、無気力試合...... スポーツにかかわる問題の解決に求められている姿勢とは?スポーツに関して、自分の意見に会わない人や新しい情報に接し、自分とは違う考えを取り入れることが、スポーツを理解する素晴らしいヒントになる。複雑な真 実から目をそらさず、学びを止めない姿勢が、今、求められている。.

Philosophical theories of property rights struggle to adequately explain the moral significance of ownership. We propose that the moral significance of property rights is due to the intersection of what we call "the extended self” and conventionally protected rights claims. The latter, drawing on conventionalist accounts of property rights, explains the social nature and flexibility of property. The former, drawing on naturalist theories, explains their personal nature. The upshot is that we find at this intersection the full moral significance of (...) property. (shrink)

The paper sets out the challenges facing the Police in respect of the detection and prevention of the volume crime of burglary. A discussion of data mining and decision support technologies that have the potential to address these issues is undertaken and illustrated with reference the authors’ work with three Police Services. The focus is upon the use of “soft” forensic evidence which refers to modus operandi and the temporal and geographical features of the crime, rather than “hard” evidence (...) such as DNA or fingerprint evidence. Three objectives underpin this paper. First, given the continuing expansion of forensic computing and its role in the emergent discipline of Crime Science, it is timely to present a review of existing methodologies and research. Second, it is important to extract some practical lessons concerning the application of computer science within this forensic domain. Finally, from the lessons to date, a set of conclusions will be advanced, including the need for multidisciplinary input to guide further developments in the design of such systems. The objectives are achieved by first considering the task performed by the intended systems users. The discussion proceeds by identifying the portions of these tasks for which automation would be both beneficial and feasible. The knowledge discovery from databases process is then described, starting with an examination of the data that police collect and the reasons for storing it. The discussion progresses to the development of crime matching and predictive knowledge which are operationalised in decision support software. The paper concludes by arguing that computer science technologies which can support criminal investigations are wide ranging and include geographical information systems displays, clustering and link analysis algorithms and the more complex use of data mining technology for profiling crimes or offenders and matching and predicting crimes. We also argue that knowledge from disciplines such as forensic psychology, criminology and statistics are essential to the efficient design of operationally valid systems. (shrink)

An important part of responsible business practices is compliance with the law. This article details what actually happens when the laws of the host country fail to ensure adequate protection. The focus here is on land dispossession and loss of livelihood in relation to a gold mine project in central Ghana. How is it that a well‐known international company—Newmont—with its own corporate social responsibility (CSR) statements sets up a project in the year 2003 that displaces subsistence farmers from their land (...) without compensating in cash or with replacement land? The analysis identifies the factors that lead the company to not compensate farmers for their lost land: cost‐cutting, strict adherence to the law, CSR commitment that was new and not internalized, complexities of the Ghanaian land tenure system, peer pressure to preserve the status quo, selection of an “old‐school” CSR manager, and the inadequacy of Ghanaian mining law to account for relatively novel, “open‐pit” mining techniques. However, the specter of famine raised by civil society activism, the involvement of the International Financial Corporation, and a better qualified CSR team constitute another set of factors that lead to a comprehensive package of livelihood improvement measures. There is a contrast between the complexity, long‐term, and advanced type of assistance Newmont currently envisages and the backward, short‐term, formalism, and brutality of denying compensation for land back in 2003. This research is based on the extensive documentation Newmont makes available on its web site, interviews conducted in Ghana, and literature research. (shrink)

The first issue of Artificial Intelligence and Law journal was published in 1992. This paper provides commentaries on nine significant papers drawn from the Journal’s second decade. Four of the papers relate to reasoning with legal cases, introducing contextual considerations, predicting outcomes on the basis of natural language descriptions of the cases, comparing different ways of representing cases, and formalising precedential reasoning. One introduces a method of analysing arguments that was to become very widely used in AI and Law, namely (...) argumentation schemes. Two relate to ontologies for the representation of legal concepts and two take advantage of the increasing availability of legal corpora in this decade, to automate document summarisation and for the mining of arguments. (shrink)

Noah Feldman’s elegant essay contains many attractive suggestions, especially in its final compelling discussions of various conceptions of Cosmopolitan Law. Less importantly for your purposes, dear Reader, than for mine, it also provides a fair and clear account of some of my own discussions of cosmopolitanism (in the course of which I have made a few suggestions that may be of relevance for the law). In this brief response, I should like to focus on clarifying one of the conceptual distinctions (...) that I have made: the distinction between the rational and the reasonable. In marking that distinction, I was returning to a contrast I had made many years ago, in In My Father’s House: Africa in the Philosophy of Culture. Reading Feldman’s response, I realize that I had been a good deal too economical in explaining what I had in mind. Clarifying my view will also help to reinforce an important distinction, which Feldman both accepts and rightly finds stressed in my own work, between the context of our cosmopolitan obligations, on the one hand, and our political obligations, on the other. That is a central theme of his essay, of course; and in clarifying my view, I hope to clarify, as well, how my “reined-in” account of cosmopolitanism might relate to some of the legal and political exigencies he explores. What distinction do I mark by using the two words “rational” and “reasonable,” words that many people would treat as synonyms? I should say, first, that I take both terms to apply both to ways of thinking about what to believe—epistemic reasoning—and to ways of thinking about what to do—practical reasoning. (I think that feelings can be reasonable and unreasonable, too, but this is a complication I shall ignore here.) At a first pass, the distinction I have in mind is between epistemic and practical procedures that are likely to be successful, given the way the world is (which I call “rational”); and procedures that a normal human being has no reason to doubt will be effective, whether or not, in fact, they are (which I call “reasonable”).. (shrink)

I would like to extend my appreciation to the planning committee of this outstanding conference, the Centers for Disease Control and Prevention and the American Society of Law, Medicine & Ethics for allowing me to have this great opportunity to share my experience in teaching and studying medical and public health law and ethics with my U.S. colleagues. This morning, USA Today is reporting that Brundtland, the Director General of the World Health Organization, finally declared that the aggressive control measures (...) have stopped SARS. I think it is a special achievement on her part as she departs the WHO in less than two weeks. The new Director General of the WHO, JW Lee, is a close friend of mine. (shrink)

I would like to extend my appreciation to the planning committee of this outstanding conference, the Centers for Disease Control and Prevention and the American Society of Law, Medicine & Ethics for allowing me to have this great opportunity to share my experience in teaching and studying medical and public health law and ethics with my U.S. colleagues. This morning, USA Today is reporting that Brundtland, the Director General of the World Health Organization, finally declared that the aggressive control measures (...) have stopped SARS. I think it is a special achievement on her part as she departs the WHO in less than two weeks. The new Director General of the WHO, JW Lee, is a close friend of mine. (shrink)

A focus on the lawmaking process, I submit, permits us to explore a particular dimension of justice, namely the relationship between law and liberty. Laws that reflect the arbitrary whims of the lawmaker are presumptively unjust, because they constrain liberty for no good reason. A strategy for making arbitrary laws less likely involves recognizing checks on the lawmaker's powers and grounding those checks in processes that allow the governed to express their disapproval. The system of checks and balances employed in (...) the U.S. Constitution embodies this strategy, although reasonable people can debate its efficacy. As A.O. Hirschman observed, regimes that permit free movement of persons and property similarly restrict the force of arbitrary rules by allowing exit from unwanted restrictions. I want to inquire into the role of checks in international lawmaking. At first blush, it might appear that the fundamental principle of state consent provides all the checking that international lawmaking needs. This principle maintains that a state (and by extension, its subjects) can be bound by a rule of international law only if that state manifests its consent to the rule. As long as states have a real choice, itself subject to internal checks on official decisionmaking, the adoption of the rule should meet basic criteria of procedural justice. Indeed, the correlate of this principle—that each state has a veto over the adoption of international law, at least as applied to itself and its subjects—suggests that international lawmaking poses less of a threat to liberty than do conventional municipal lawmaking processes based on majority rule. One might think that, as a result of this principle, no rule will attain the status of international law unless its adoption makes some states better off and no state worse off. This first impression, however, is wrong. First, international lawyers argue for the existence of jus cogens norms that apply regardless of state consent. Second, the concept of state consent is artful, and opportunistic decisionmakers have some freedom to construe consent in ways that circumvent conventional checking processes. Third, political and economic coercion can reduce state consent to a meaningless formality. I discuss each of these points in turn. Once state consent ceases to constrain international lawmaking, the question role of alternative checks to protect liberty looms. Under what circumstances does the international lawmaking process as currently constituted present a threat of arbitrary force? What kinds of resistance to the results of international lawmaking can process values justify? I address these questions in three steps. First, I explore whether international law does carry a threat of coercion. If not, concerns about arbitrary restrictions of liberty are misplaced. Second, I discuss the problems arising from delegations of lawmaking authority to international institutions, with specific reference to the Rome Statute and the International Criminal Court. Third, I discuss the process-value issues associated with judicial lawmaking. None of these concerns justifies blanket opposition to international lawmaking. Rather, those interested in making and enforcing international rules need to grapple with these issues and provide another layer of justification for their efforts. a Footnotesa I am indebted to Ken Abbott, Jean Cohen, Larry Helfer, Robert Hockett, Sean Murphy, Phil Nichols, Ed Swaine, Joel Trachtman, the other contributors to this volume, and participants in a workshop at the University of Virginia School of Law for comments and criticism. Shortcomings are mine alone. (shrink)

In our increasingly interactive and interdependent world, we are confronted almost daily with issues in international law: think, for instance, of the recent Pinochet and Öcalan cases, the crises in Iraq, Kosovo and East Timor, or the banana and hormone disputes in the WTO. Add to this continual reports about the activities of international organizations, from the UN to the European Union, and it becomes clear that international law is the order of the day. Whoever follows these international developments, as (...) I do, and whoever is committed to the construction of a solid legal order for the international community, finds himself constantly torn between hope and despair. Signs of hope in recent years include the approval of a statute for the International Criminal Court in Rome on July 17, 1998; the Pinochet decisions of the House of Lords of November 1998 and March 1999; and the coming into force of the Ottawa agreement on anti-personnel mines in March of 1999. Yet who could witness the course of events during the NATO bombing campaign in Yugoslavia, and the long period of UN inaction against the violence that broke out in East Timor following the referendum, without feeling some sense of desperation? The mood of the present day, however, should not prevent us from taking a long-term perspective. What kind of international legal order are we moving towards on the threshold of the twenty-first century? Building up a solid international legal order is probably one of the greatest challenges facing humanity at present. Our national legal systems are strongly developed and during the last fifty years, Western Europe has succeeded in constructing an EU legal order which has made possible a peaceful society, welfare and the integration of peoples in Europe. But where do we stand on the world level? Is international law not all too slowly limping behind globalization? And yet, the century we are looking back on has been the century in which international law and the law of international organizations flourished: in the framework of the League of Nations, and then the UN, we have succeeded in codifying, consolidating and developing international law in numerous multilateral treaties ranging from human rights and maritime law to international labour, trade and environmental norms. Never before had the world witnessed such an extensive network of international organizations . Never before did states make such intensive use of treaties for arranging their mutual concerns: more than 30,000 are registered at the UN. (shrink)

In our increasingly interactive and interdependent world, we are confronted almost daily with issues in international law: think, for instance, of the recent Pinochet and Öcalan cases, the crises in Iraq, Kosovo and East Timor, or the banana and hormone disputes in the WTO. Add to this continual reports about the activities of international organizations, from the UN to the European Union, and it becomes clear that international law is the order of the day. Whoever follows these international developments, as (...) I do, and whoever is committed to the construction of a solid legal order for the international community, finds himself constantly torn between hope and despair. Signs of hope in recent years include the approval of a statute for the International Criminal Court in Rome on July 17, 1998; the Pinochet decisions of the House of Lords of November 1998 and March 1999; and the coming into force of the Ottawa agreement on anti-personnel mines in March of 1999. Yet who could witness the course of events during the NATO bombing campaign in Yugoslavia, and the long period of UN inaction against the violence that broke out in East Timor following the referendum, without feeling some sense of desperation? The mood of the present day, however, should not prevent us from taking a long-term perspective. What kind of international legal order are we moving towards on the threshold of the twenty-first century? Building up a solid international legal order is probably one of the greatest challenges facing humanity at present. Our national legal systems are strongly developed and during the last fifty years, Western Europe has succeeded in constructing an EU legal order which has made possible a peaceful society, welfare and the integration of peoples in Europe. But where do we stand on the world level? Is international law not all too slowly limping behind globalization? And yet, the century we are looking back on has been the century in which international law and the law of international organizations flourished: in the framework of the League of Nations, and then the UN, we have succeeded in codifying, consolidating and developing international law in numerous multilateral treaties ranging from human rights and maritime law to international labour, trade and environmental norms. Never before had the world witnessed such an extensive network of international organizations . Never before did states make such intensive use of treaties for arranging their mutual concerns: more than 30,000 are registered at the UN. (shrink)

‘AI & Law’ research has been around since the 1970s, even though with shifting emphasis. This is an overview of the contributions of digital technologies, both artificial intelligence and non-AI smart tools, to both the legal professions and the police. For example, we briefly consider text mining and case-automated summarization, tools supporting argumentation, tools concerning sentencing based on the technique of case-based reasoning, the role of abductive reasoning, research into applying AI to legal evidence, tools for fighting crime and (...) tools for identification. (shrink)

Law article prediction is a task of predicting the relevant laws and regulations involved in a case according to the description text of the case, and it has broad application prospects in improving judicial efficiency. In the existing research work, researchers often only consider a single case, employing the neural network method to extract features for prediction, which lack the mining of related and common element information between different data. In order to solve this problem, we propose a law (...) article prediction method that integrates the characteristics of common elements. It can effectively utilize the co-occurrence information of the training data, fully mine the relevant common elements between cases, and fuse local features. Experiments show that our method performs well. (shrink)

This paper proposes an agent community based information retrieval method, which uses agent communities to manage and look up information related to users. An agent works as a delegate of its user and searches for information that the user wants by communicating with other agents. The communication between agents is carried out in a peer-to-peer computing architecture. In order to retrieve information related to a user query, an agent uses two histories : a query/retrieved document history(Q/RDH) and a query/sender agent (...) history(Q/SAH). The former is a list of pairs of a query and retrieved documents, where the queries were sent by the agent itself. The latter is a list of pairs of a query and sender agents and shows ``who sent what query to the agent''. This is useful to find a new information source. Making use of the Q/SAH is expected to cause a collaborative filtering effect, which gradually creates virtual agent communities, where agents with the same interests stay together. Our hypothesis is that a virtual agent community reduces communication loads to perform a search. As an agent receives more queries, then more links to new knowledge are achieved. From this behavior, a ``give and take''(or positive feedback) effect for agents seems to emerge. We implemented this method with Multi-Agents Kodama which has been developed in our laboratory, and conducted preliminary experiments to test the hypothesis. The empirical results showed that the method was much more efficient than a naive method employing 'broadcast' techniques only to look up a target agent. (shrink)