102,061 research outputs found

    Proceedings of the Conference Approaching the Multilanguage Complexity of European Law: Methodologies in Comparison

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    The contributions presented at the Conference 'Approaching the Multilanguage Complexity of European Law: Methodologies in Comparison' (European University Institute of Florence, 17th November 2006) offer a wide spectrum of analyses and reflections on the multilanguage complexity of European law, drawn from different disciplines as European law, comparative law, legal theory, jurilinguistics, legal translation, and knowledge engineering. The diverse but complementary methodologies emerging within such disciplines need to be integrated for handling legal knowledge in a way which respects the conceptual and linguistic diversity of the existing legal traditions while guaranteeing the unity of European law. An integrated multidisciplinary approach to multilingual legal knowledge can indeed enable European lawyers and policy-makers to better understand each other and to improve their understanding of legal language

    More on presumptions and burdens of proof

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    This paper extends our previous logical analysis of presumptions and burden of proof by studying the force of a presumption once counterevidence has been offered. In the jurisprudential literature different accounts of this issue have been given: some have argued that a presumption is nullified by counterarguments while others have maintained that this gives presumptions a force that is too slight. We argue that these differences largely are not a matter of logic but of legal policy, and we show how the various accounts can be logically formalised.

    Concepts in Law and in Knowledge Representation: Inferential Links vs Conceptual Hierarchies

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    I shall compare two views of legal concepts: as nodes in inferential nets and as categories in an ontology (a conceptual architecture). Firstly, I shall introduce the inferential approach, consider its implications, and distinguish the mere possession of an inferentially defined concept from its endorsement, which also involves the acceptance of the concept’s constitutive inferences. For making this distinction, I shall combine the inferential and eliminative analysis of legal concepts proposed by Alf Ross with the views of theoretical concepts in science advanced by Frank Ramsey and Rudolf Carnap. Then, I shall consider how concepts can be characterised by defining the corresponding terms and placing them within an ontology. Finally, I shall argue that there is a tension between the inferential and the ontological approach, but that both need to be taken into account, to capture the meaning and the cognitive function of legal concept

    Legal Knowledge Representation: A Twofold Experience in the Intellectual Property Domain

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    This paper analyzes the representation of legal knowledge, and of Intellectual Property (or IP) law in particular. This is done by looking at two ways of representing the IP domain: through an IP ontology and by way of rule representation. And although these two solutions differ in many respects, they share the conceptual problems specific to this domain. This paper is based on research conducted under the EU-funded project ALIS (IST-2004-2.4.9)
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