The phenomenon of defeasibility has long been a central theme in legal literature. This essay aims to shed new light on that phenomenon by clarifying some fundamental conceptual issues. First, the most widespread definition of legal defeasibility is examined and criticized. The essay shows that such a definition is poorly constructed, inaccurate and generates many problems. Indeed, the definition hides the close relationship between legal defeasibility and legal interpretation. Second, this essay argues that no new definition is needed. I will (...) show that from an interpretative standpoint, there is nothing special about legal defeasibility. Contrary to what some authors maintain, no unique or privileged source of legal defeasibility exists, nor are there privileged arguments to justify it. Specifically, legal defeasibility refers to interpretative outcomes deriving from interpretative arguments that, on the one hand, are very different from one another, and, on the other, are often employed to justify different interpretative outcomes. In the legal field, the problems related to defeasibility have little in common with the problems that this label covers in other areas—such as logic or epistemology—and they are nothing but the well-known problems related to legal interpretation. In conclusion, this paper argues that as far as legal argumentation is concerned, the notion of legal defeasibility lacks explanatory power, and it should be abandoned. (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)

This paper investigates the semantic treatment of conditional obligation, explicit permission (often called positive permission), and prohibition based on models with agents and branched time. In such models branches (rather than moments) are taken as basic, and the branching provides a way to represent the indeterminism which is normally presupposed by talk of free will, responsibility, action and ability. Careful treatment of the relation between ability and responsibility avoids many common problems with accounts of conditional obligation. Recognition of the generality (...) often involved in conditional obligations makes possible a sensitive way of expressing some kinds of general prohibitions, which in turn makes it possible to account for the special role of explicit permission. (shrink)

Formalising deontic concepts, such as obligation, prohibition and permission, is normally carried out in a modal logic with a possible world semantics, in which some worlds are better than others. The main focus in these logics is on inferring logical consequences, for example inferring that the obligation O q is a logical consequence of the obligations O p and O. In this paper we propose a non-modal approach in which obligations are preferred ways of satisfying goals expressed in first-order logic. (...) To say that p is obligatory, but may be violated, resulting in a less than ideal situation s, means that the task is to satisfy the goal p ∨ s, and that models in which p is true are preferred to models in which s is true. Whereas, in modal logic, the preference relation between possible worlds is part of the semantics of the logic, in this non-modal approach, the preference relation between first-order models is external to the logic. Although our main focus is on satisfying goals, we also formulate a notion of logical consequence, which is comparable to the notion of logical consequence in modal deontic logic. In this formalisation, an obligation O p is a logical consequence of goals G, when p is true in all best models of G. We show how this non-modal approach to the treatment of deontic concepts deals with problems of contrary-to-duty obligations and normative conflicts, and argue that the approach is useful for many other applications, including abductive explanations, defeasible reasoning, combinatorial optimisation, and reactive systems of the production system variety. (shrink)

– We offer a new motivation for imprecise probabilities. We argue that there are propositions to which precise probability cannot be assigned, but to which imprecise probability can be assigned. In such cases the alternative to imprecise probability is not precise probability, but no probability at all. And an imprecise probability is substantially better than no probability at all. Our argument is based on the mathematical phenomenon of non-measurable sets. Non-measurable propositions cannot receive precise probabilities, but there is a natural (...) way for them to receive imprecise probabilities. The mathematics of non-measurable sets is arcane, but its epistemological import is far-reaching; even apparently mundane propositions are liable to be affected by non-measurability. The phenomenon of non-measurability dramatically reshapes the dialectic between critics and proponents of imprecise credence. Non-measurability offers natural rejoinders to prominent critics of imprecise credence. Non-measurability even reverses some of the critics’ arguments—by the very lights that have been used to argue against imprecise credences, imprecise credences are better than precise credences. (shrink)

A new deontic logic, Action Type Deontic Logic, is presented. To motivate this logic, a number of benchmark cases are shown, representing inferences a deontic logic should validate. Some of the benchmark cases are singled out for further comments and some formal approaches to deontic reasoning are evaluated with respect to the benchmark cases. After that follows an informal introduction to the ideas behind the formal semantics, focussing on the distinction between action types and action tokens. Then the syntax and (...) semantics of Action Type Deontic Logic is presented and it is shown to meet the benchmarks. Finally, possibilities for further research are indicated. In the appendix, decidability of the satisfiability of formulas is proved via a technique known from monadic First Order Logic. (shrink)

Normative systems have been advocated as an effective tool to regulate interaction in multi-agent systems. The use of deontic operators and the ability to represent defeasible information are known to be two fundamental ingredients to represent and reason about normative systems. In this paper, after introducing a framework that combines standard deontic logic and non-monotonic logic programming, deontic logic programs (DLP), we tackle the fundamental problem of equivalence between normative systems using a deontic extension of David Pearce’s Equilibrium Logic and (...) its monotonic basis, the logic of Here-and-There. We also show how deontic logic programs can be used to represent and reason about normative systems, and establish a strong connection with input-output logic. (shrink)