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Hart's critics on defeasible concepts and ascriptivism

Ronald P. Loui
1995 Proceedings of the fifth international conference on Artificial intelligence and law - ICAIL '95  
Hart's "Ascription of Responsibility and Rights" is where we find perhaps the first clear pronouncement  ...  Surely the open-texture of one term opening the texture of another is a strong theme in Hart.  ...  to the idea of defeasibility in Hart's thought: … This point seems to develop into his view of the open texture of language; but since all terms have open texture, it cannot be a basis for a special class  ... 
doi:10.1145/222092.222099 dblp:conf/icail/Loui95 fatcat:jhvgxendojewfgivuh2ohg2zdi

How Should AI Interpret Rules? A Defense of Minimally Defeasible Interpretive Argumentation [article]

John Licato
2021 arXiv   pre-print
Real-world rules are unavoidably rife with open-textured terms, which imbue rules with a possibly infinite set of possible interpretations.  ...  But before tackling these problems, we must first answer a more fundamental question: Given an open-textured rule, what is its correct interpretation?  ...  We'll refer to rules as open-textured rules if they contain, and their correct interpretations depend on, open-textured terms.  ... 
arXiv:2110.13341v1 fatcat:vz6b6p5v5jf4dptrfmui5wxwqi

Some Reflections on Two Current Trends in Formal Argumentation [chapter]

Henry Prakken
2012 Lecture Notes in Computer Science  
Then it is claimed that classical argumentation cannot model some common forms of defeasible reasoning in a natural way.  ...  It is first argued that general models of the use of preferences in argumentation cannot leave the structure of arguments and the nature of attack and defeat unspecified.  ...  I thank all three reviewers for their many valuable suggestions and one of them in particular for triggering the discussion in footnote 10.  ... 
doi:10.1007/978-3-642-29414-3_14 fatcat:anqb52lwlrfrfaisumgu3dquvu

The Logic of Legal Requirements. Essays on Defeasibility

Vojko Strahovnik
2012 Revus  
Bix investigates the relationship between Hart’s idea of open-texture of concepts and legal defeasibility.  ...  Even within such a system there will be some cases that are hard to decide due to the open-textured nature of legal concepts and universal assertions.  ... 
doi:10.4000/revus.2341 fatcat:44ynkzevg5gqxo2kxhyx32wwh4

Neil MacCormick on Interpretation, Defeasibility, and the Rule of Law

Giorgio Pino
2011 Social Science Research Network  
Bankoski (eds.), Law as Institutional Normative Order (and particularly the essays by Andrew Halpin, Massimo La Torre, Fred Schauer, and Vittorio Villa therein); and C.  ...  am consciously and somewhat arbitrarily excluding from this brief note the important work of MacCormick on topics that could be deemed more close to political theory, such as sovereignty and constitutionalism  ...  Feteris, Fundamentals of Legal Argumentation, ch 7. 16 See Legal Reasoning and Legal Theory, pp. 72, 73, 74, 100, 120, 197, 199, 208, 210; On 'Open Texture' in Law, p. 77. 17 See Legal Reasoning and  ... 
doi:10.2139/ssrn.1737045 fatcat:c5tpko3jrvbmxjkmropoz7xoye

Computational law

Nathaniel Love, Michael Genesereth
2005 Proceedings of the 10th international conference on Artificial intelligence and law - ICAIL '05  
Computational law is an approach to automated legal reasoning focusing on semantically rich laws, regulations, contract terms, and business rules in the context of electronicallymediated actions.  ...  However, the growth of semantic data in the world of electronic commerce and online transactions, coupled with grounded rulesets that explicitly reference that data, provides a setting where applying automated  ...  The general problem of open texture when interpreting rules, along with the parallel problem of running out of rules to apply when resolving terms, Permission to make digital or hard copies of part or  ... 
doi:10.1145/1165485.1165517 dblp:conf/icail/LoveG05 fatcat:bif5iazbtfh4zf4sgpnwwnx2hu

An OWL ontology library representing judicial interpretations

Marcello Ceci, Aldo Gangemi, Pompeu Casanovas, Monica Palmirani, Silvio Peroni, Tom van Engers, Fabio Vitali, Pompeu Casanovas, Monica Palmirani, Silvio Peroni, Tom van Engers, Fabio Vitali
2016 Semantic Web Journal  
JudO also constitutes the basis for the application of argumentation patterns through reasoning on a set of rules, which represent the grounding of judicial interpretations in deontic and defeasible logics  ...  JudO is centred on a core ontology featuring some judicial ontology patterns, which take advantage of constructs introduced by OWL2, in order to provide appropriate legal semantics, while retaining a strong  ...  However, it is commonly accepted that assigning a meaning to legal dispositions is not straightforward: there are gray areas in the interpretation of legal ("open-textured") concepts, and the effects of  ... 
doi:10.3233/sw-140146 fatcat:2fiq56xmxrfotjpua6eltnngfi

Contextual Taxonomies [chapter]

Davide Grossi, Frank Dignum, John-Jules Ch. Meyer
2005 Lecture Notes in Computer Science  
Using this framework, a simple scenario taken from the legal domain is modeled, and a formal account of the so called open-texture of legal terms is provided characterizing the notions of "core" and "penumbra  ...  " of the meaning of a concept. 1 The issue of the relationship between contextuality and defeasibility has been raised also in [1].  ...  In both M1 and M2 it holds that: "cars are not allowed in public parks". In this scenario the concept of vehicle is clearly open-textured.  ... 
doi:10.1007/11533092_3 fatcat:b5oycsn72na43fof5ne3exkeby

Defining Marriage: Classification, Interpretation, and Definitional Disputes

Fabrizio Macagno
2016 Informal Logic  
The classification of a state of affairs under a legal category can be considered as a kind of con- densed decision that can be made explicit, analyzed, and assessed us- ing argumentation schemes.  ...  by open-texture) (Hart 1961, p. 120; Bix 1991) needs to be distinguished from the possibility of debating thereon, and from the rules governing this discussion.  ...  In the second case, the problem is meta-dialogical, concerning the dialectical possibility and the conditions of the debate about the meaning of a contested, vague, or open-textured concept.  ... 
doi:10.22329/il.v36i3.4721 fatcat:25atgwdg45heljghd6g64ndlle

The winter, the summer and the summer dream of artificial intelligence in law

Enrico Francesconi
2022 Artificial Intelligence and Law  
for legal reasoning and argumentation, may represent a promotion for the development of the Semantic Web, as well as of AI systems.  ...  It is aimed to give my vision of the status of the AI and Law discipline, and possible future perspectives.  ...  In fact, in the succeeding years, a relevant number of works have been carried out concerning legal reasoning based on "open-textured" concepts, non-monotonic/defeasible reasoning (Gordon 1988 (Gordon  ... 
doi:10.1007/s10506-022-09309-8 pmid:35132296 pmcid:PMC8811736 fatcat:qcyydbhwvrfunlbnngz5mi7ldi

Index—Volumes 1–89

1997 Artificial Intelligence  
violations 503 of motion from texture 283 of semantic errors 172 of stereo disparity surfaces 1276 of surface orientation from texture 283 statistical dependency -1236 determinants 473 determinate  ...  databases 67 I consistency of -67 I defeasible inheritance 550,966 hierarchies 586, 637 multiple -120.5 nets 620 defeasible knowledge 890 belief as -1019 defeasible links 935 proofs 108 1  ... 
doi:10.1016/s0004-3702(97)80122-1 fatcat:6az7xycuifaerl7kmv7l3x6rpm

AI and Law: A fruitful synergy

Edwina L. Rissland, Kevin D. Ashley, R.P. Loui
2003 Artificial Intelligence  
There is a synergy not only between law and AI, but also between AI and AI and Law.  ...  AI and Law is a classic field for AI research: it poses difficult and interesting problems for AI, and its projects inform both AI and its focal domain, the law itself.  ...  Acknowledgements The editors appreciate the assistance they have received from Carole Hafner, Anja Oskamp, and others in the AI and Law community in preparing this article.  ... 
doi:10.1016/s0004-3702(03)00122-x fatcat:xhpowlbbtrfota3cjm5dpsrodu

Originalist Methodology

Lawrence B. Solum
2016 Social Science Research Network  
This Essay sketches an originalist methodology using ideas from legal theory and theoretical linguistics, including the distinctions between interpretation and construction and between semantics and pragmatics  ...  Part III turns to methods for investigating the role of context in disambiguating and enriching what would otherwise be sparse semantic meaning.  ...  First, the semantic content of many provisions may be vague or open textured; examples may include the phrase "freedom of speech" and the relationship between the phrases "legislative power," "executive  ... 
doi:10.2139/ssrn.2764466 fatcat:uszud4zttnfj7cr7lkwo3nhxy4

Modal logic investigations in the semantics of counts-as

Davide Grossi, John-Jules Ch. Meyer, Frank Dignum
2005 Proceedings of the 10th international conference on Artificial intelligence and law - ICAIL '05  
These two aspects of the semantics of counts-as -the classificatory flavor, and the contextual character-are then investigated by means of modal logic techniques from a semantics-driven perspective, and  ...  and theoretical similarities with our proposal.  ...  via a minimal model semantics ( [11] ) which directly mimics those constraints.  ... 
doi:10.1145/1165485.1165487 dblp:conf/icail/GrossiMD05 fatcat:c5zz44kr75gmjgtqnxv56ex7oy

Originalism and the Unwritten Constitution

Lawrence B. Solum
2013 Social Science Research Network  
and decision of constitutional cases).  ...  That framework categorizes extratextual sources and explains their relevance to constitutional interpretation (the meaning of the text) and constitutional construction (elaboration of constitutional doctrine  ...  Related to the notion of vagueness is the idea of "open texture": the relationship between vagueness and open texture may be complicated, but for our purposes on this occasion we can treat open texture  ... 
doi:10.2139/ssrn.2358423 fatcat:2oecqmei2rcaratojtya6qdjba
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