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Towards Modeling Systematic Interpretation of Codified Law. Matthias Grabmair University of Augsburg School of Law Germany Kevin D. Ashley University of Pittsburgh School of Law Intelligent Systems Program USA http://www.plainreasoning.com. Systematic Interpretation.
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Towards Modeling Systematic Interpretation of Codified Law Matthias GrabmairUniversity of Augsburg School of LawGermany Kevin D. AshleyUniversity of Pittsburgh School of LawIntelligent Systems ProgramUSA http://www.plainreasoning.com
Systematic Interpretation • ... is one of the four recognized civil law interpretation methods besides wording, legislative intent and teleology. • ... analyzes a norm with respect to its position in the code’s overall structure and interconnected meaning.[Larenz, 1995; Alexy 1978] • ... means interpretation of norm interaction. • The norm is interpreted in light of the influence of other norms ... • ... and in light of the influence the norm has on its surrounding ones ... • ... in its Sphere of Influence.
Legal Sentences • Complete Legal Sentences [Larenz, 1995] • ... form a regulation by themselves because they mention all their requirements and consequences. • ... can directly be translated into an IF-THEN relation. • Incomplete Legal Sentences • ... need to be read in conjunction with other legal sentences in order to construe an autonomous regulation. • ... need systematic interpretation in order to be translated into an IF-THEN relation.
Point of Departure How can a piece of written law be translated into a ruleset and, at the same time, capture the systematic interplay of its legal sentences authentically?
The Approach in a Nutshell INR IF-THEN relations with Interaction Predicates in isomorphic original code structure Rulebase Plain final rules Generation Code Domain Knowledge Ontologies
INR • The Intermediate Norm Representation (INR) mirrors the code in its original structure in an isomorphic way using IF-THEN relations. [Prakken & Schrickx, 1994] • No exterior information is used in formulating a relation from the original legal sentence. • Hooks for norm interaction and the sphere of influence are neutrally preserved through the use of Interaction Predicates.
Interaction Predicates • ... are used in the INR in the same way as standard binary predicates. • ... symbolize standardized phenomena of norm interaction (e.g. referrals, exceptions, etc.) • ... are equipped with encapsulated reasoning algorithms that are defined at the outset as the typical reasoning steps a jurist undertakes when encountering the respective norm interaction. • The algorithms use code structure and domain knowledge ontologies to generate final, unambiguous rulesets and arrange them in a tree. [Gardner, 1987] • Conflicts can be detected [van Engers et. al., 2000] and solved through authentic legal reasoning.
Example §1 “For c, r1, r2 and r3 need to be fulfilled.” INR: IF (r1 AND r2 AND r3) THEN c Ruleset: IF (r1 AND r2 AND r3) THEN c §2 “In case of r4, r3 shall suffice.” INR: IF (r4) THEN suffice(r3) Reasoning of the suffice-Interaction Predicate: • §1 is determined as referenced norm out of the structure. • Domain knowledge is used to determine implicit assumptions. • Most plausible interpretation(s) spread out a ruleset tree. Ruleset (e.g.): IF (r1 AND r3 AND r4) THEN c
Core Concepts Each node is a complete ruleset from the same static INR and inherits its mother node interpretations. §1 Ruleset Tree §§1,2 §§1,2,3 The set of norms a certain norm influences and by which it is influenced. Sphere of Influence
Further Challenges • Issues • Strong dependency on the definitions of ontologies and predicates • Risk of oversensitivity, but necessary to capture subtleties • Project Aims • Contribute to norm interpretation research in AI&Law • Sharpen contours of legal methodology through experiment results • Correctly visualize a norm’s sphere of influence in the code • State of the Project • In the phase of conceptualization • Search for a suitable legal test field for a future experiment
Thank You! Slides available at: http://www.plainreasoning.com