Attempting to provide an ontological framework for the notion of the non-personal Universe of Being proposed elsewhere, this paper – after some basic definitions – focuses on substances, one pillar of that notion. It recognizes only to individual substances a material existence, viewed as the entire complex of the properties instantiated in each of them. It then examines features of the general essence of substances. While such essence can be comprehended via abstract definitions, their individual essence cannot, I argue, because (...) it is not a concept but a reality, which I refer to as Being. This manifests powers, is inexhaustible growth and is one, although expressed differently in each individual. The possible connection of the human being with this reality is the second pillar of the notion of the non-personal Universe of Being, which I summarize and compare to other scenarios at the end. (shrink)

No programa Homo Sacer, Giorgio Agamben estabelece denso diálogo com importantes autores como Walter Benjamin, Carl Schmitt, Hannah Arendt e Michel Foucault, formulando um moderno conceito de vida nua. O problema da vida nua (homo sacer), todavia, estende-se para outros trabalhos de Agamben, como A linguagem e a morte e O tempo que resta: um comentário à carta aos romanos, nos quais se apresentam outros termos, como profanação e o tempo-que-resta. No cotejo entre essas obras, este artigo se propõe a (...) articular os conceitos de vida nua (homo sacer) e de profanação, na sua relação com o problema do tempo (o tempo-que-resta),desenvolvidos por Giorgio Agamben. Nesse sentido, aflora discussão sobre o messiânico,por nós, aqui, associado com a figura do homo sacer. (shrink)

Reasoning with cases has been a primary focus of those working in AI and law who have attempted to model legal reasoning. In this paper we put forward a formal model of reasoning with cases which captures many of the insights from that previous work. We begin by stating our view of reasoning with cases as a process of constructing, evaluating and applying a theory. Central to our model is a view of the relationship between cases, rules based on cases, (...) and the social values which justify those rules. Having given our view of these relationships, we present our formal model of them, and explain how theories can be constructed, compared and evaluated. We then show how previous work can be described in terms of our model, and discuss extensions to the basic model to accommodate particular features of previous work. We conclude by identifying some directions for future work. (shrink)

This paper describes one way in which a precise reason model of precedent could be developed, based on the general idea that courts are constrained to reach a decision that is consistent with the assessment of the balance of reasons made in relevant earlier decisions. The account provided here has the additional advantage of showing how this reason model can be reconciled with the traditional idea that precedential constraint involves rules, as long as these rules are taken to be defeasible. (...) The account presented is firmly based on a body of work that has emerged in AI and Law. This work is discussed, and there is a particular discussion of approaches based on theory construction, and how that work relates to the model described in this paper. (shrink)

This paper studies the use of hypothetical and value-based reasoning in US Supreme-Court cases concerning the United States Fourth Amendment. Drawing upon formal AI & Law models of legal argument a semi-formal reconstruction is given of parts of the Carney case, which has been studied previously in AI & law research on case-based reasoning. As part of the reconstruction, a semi-formal proposal is made for extending the formal AI & Law models with forms of metalevel reasoning in several argument schemes. (...) The result is compared with Rissland’s (1989) analysis in terms of dimensions and Ashley’s (2008) analysis in terms of his process model of legal argument with hypotheticals. (shrink)

Alessandro Capone Franco Lo Piparo Marco Carapezza Editors Perspectives on Pragmatics and Philosophy Perspectives in Pragmatics, Philosophy & Psychology Volume 1 Editor-in-Cheif Alessandro. Perspectives in Pragmatics, Philosophy ...

Modelling reasoning with legal cases has been a central concern of AI and Law since the 1980s. The approach which represents cases as factors and dimensions has been a central part of that work. In this paper I consider how several varieties of the approach can be applied to the interesting case of Popov v Hayashi. After briefly reviewing some of the key landmarks of the approach, the case is represented in terms of factors and dimensions, and further explored using (...) theory construction and argumentation schemes approaches. (shrink)

This volume addresses the intriguing issue of indirect reports from an interdisciplinary perspective. The contributors include philosophers, theoretical linguists, socio-pragmaticians, and cognitive scientists. The book is divided into four sections following the provenance of the authors. Combining the voices from leading and emerging authors in the field, it offers a detailed picture of indirect reports in the world’s languages and their significance for theoretical linguistics. Building on the previous book on indirect reports in this series, this volume adds an empirical (...) and cross-linguistic approach that covers an impressive range of languages, such as Cantonese, Japanese, Hebrew, Persian, Dutch, Spanish, Catalan, Armenian, Italian, English, Hungarian, German, Rumanian, and Basque. (shrink)

In this paper we describe a method for the specification of computationalmodels of argument using dialogue games. The method, which consists ofsupplying a set of semantic definitions for the performatives making upthe game, together with a state transition diagram, is described in full.Its use is illustrated by some examples of varying complexity, includingtwo complete specifications of particular dialogue games, Mackenzie's DC,and the authors' own TDG. The latter is also illustrated by a fully workedexample illustrating all the features of the game.

This paper is an introduction to a virtual special issue of AI and Law exploring the legacy of the influential HYPO system of Rissland and Ashley. The papers included are: Arguments and cases: An inevitable intertwining, BankXX: Supporting legal arguments through heuristic retrieval, Modelling reasoning with precedents in a formal dialogue Game, A note on dimensions and factors, An empirical investigation of reasoning with legal cases through theory construction and application, Automatically classifying case texts and predicting outcomes, A factor-based definition (...) of precedential constraint and An improved factor based approach to precedential constraint. After describing HYPO, in this introduction to the special issue I look at various aspects of its influence on AI and Law: the developments led by Rissland at Amherst; the developments led by Ashley in Pittsburgh; the expression of these ideas in terms of rule based systems, and their subsequent formalisation; value based theories, which were inspired by a critique of HYPO; and contemporary approaches which revive the idea of dimensions. (shrink)

In this paper, we present a particular role for abductive reasoning in law by applying it in the context of an argumentation scheme for practical reasoning. We present a particular scheme, based on an established scheme for practical reasoning, that can be used to reason abductively about how an agent might have acted to reach a particular scenario, and the motivations for doing so. Plausibility here depends on a satisfactory explanation of why this particular agent followed these motivations in the (...) particular situation. The scheme is given a formal grounding in terms of action-based alternating transition systems and we illustrate the approach with a running legal example. (shrink)

There is an increasing need for norms to be embedded in technology as the widespread deployment of applications such as autonomous driving, warfare and big data analysis for crime fighting and counter-terrorism becomes ever closer. Current approaches to norms in multi-agent systems tend either to simply make prohibited actions unavailable, or to provide a set of rules which the agent is obliged to follow, either as part of its design or to avoid sanctions and punishments. In this paper we argue (...) for the position that agents should be equipped with the ability to reason about a system’s norms, by reasoning about the social and moral values that norms are designed to serve; that is, perform the sort of moral reasoning we expect of humans. In particular we highlight the need for such reasoning when circumstances are such that the rules should arguably be broken, so that the reasoning can guide agents in deciding whether to comply with the norms and, if violation is desirable, how best to violate them. One approach to enabling this is to make use of an argumentation scheme based on values and designed for practical reasoning: arguments for and against actions are generated using this scheme and agents choose between actions based on their preferences over these values. Moral reasoning then requires that agents have an acceptable set of values and an acceptable ordering on their values. We first discuss how this approach can be used to think about and justify norms in general, and then discuss how this reasoning can be used to think about when norms should be violated, and the form this violation should take. We illustrate how value based reasoning can be used to decide when and how to violate a norm using a road traffic example. We also briefly consider what makes an ordering on values acceptable, and how such an ordering might be determined. (shrink)

This paper discusses some engineering considerations that should be taken into account when building a knowledge based system, and recommends isomorphism, the well defined correspondence of the knowledge base to the source texts, as a basic principle of system construction in the legal domain. Isomorphism, as it has been used in the field of legal knowledge based systems, is characterised and the benefits which stem from its use are described. Some objections to and limitations of the approach are discussed. The (...) paper concludes with a case study giving a detailed example of the use of the isomorphic approach in a particular application. (shrink)

The design and analysis of norms is a somewhat neglected topic in AI and Law, but this is not so in other areas of Computer Science. In recent years powerful techniques to model and analyse norms have been developed in the Multi-Agent Systems community, driven both by the practical need to regulate electronic institutions and open agent systems, and by a theoretical interest in mechanism design and normative systems. Agent based techniques often rely heavily on enforcing norms using the software (...) to prevent violation, but I will also discuss the use of sanctions and rewards, and the conditions under which compliance by autonomous agents (including humans) can be expected or encouraged without sanctions or rewards. In the course of the paper a suggested framework for the exploration of these issues is developed. (shrink)

In this paper, I try to expatiate on the poetic function of language on the basis of considerations by Jakobson and Waugh. I try to bring in the consideration that pragmatics plays an important role in elucidating the poetic function of language. Contextualism allows us to interpret a poem: referents must be fixed or need not be fixed due to the requirements of the discourse; citations are brought in through pragmatic ways; polyphony is achieved by taking into account the context (...) of previous analyses of a poetic text; the vicinity of a certain word, or concept or line is likely to affect the interpretation of a certain expression; the poetic text can take different forms, from graffiti to discourse at the market place, to discourse between lovers. All these forms of poetic text would not exist if the notion of poetry did not include the idea of semantic/pragmatic compression which is matched, in interpretation, by expansions. (shrink)

Stories can be powerful argumentative vehicles, and they are often used to present arguments from analogy, most notably as parables, fables or allegories where the story invites the hearer to infer an important claim of the argument. Case Based Reasoning in Law has many similar features: the current case is compared to previously decided cases, and in case the similarity between the previous and current cases is deemed sufficient, a similar conclusion can be drawn for the current case. In this (...) article, we want to take a further step towards computationally modelling the connection between stories and argumentation in analogical reasoning. We show how story schemes can be used to investigate and determine story similarity, and how the point of a story – that is, the conclusion that the storyteller intends the hearer to draw – can be likened to the ratio decidendi in a legal case. Finally, we present some formal tools for modelling stories based on computational models of practical reasoning. (shrink)

In this paper I shall discuss the notion of argument, and the importanceof argument in AI and Law. I shall distinguish four areas where argument hasbeen applied: in modelling legal reasoning based on cases; in thepresentation and explanation of results from a rule based legal informationsystem; in the resolution of normative conflict and problems ofnon-monotonicity; and as a basis for dialogue games to support the modellingof the process of argument. The study of argument is held to offer prospectsof real progress (...) in the field of AI and law, and the purpose of this paperis to provide an overview of work, and the connection between the various strands. (shrink)

Deferred prosecution agreements (DPAs) are legal means, alternative to trial, for the resolution of criminal business cases. Although DPAs are increasingly used in the US and are spreading to other jurisdictions, the ethics of DPAs has hardly been subjected to critical scrutiny. We use a multidisciplinary approach straddling the line between philosophy and law to examine the ethics of DPAs used to resolve cases of multinational enterprises’ (MNEs) foreign corruption. Deontologically, we argue that the normativity of DPAs raises critical concerns (...) related to the notion of justice as punishment, with serious cases of international corruption resolved with minimal retribution for offending MNEs. Taking a utilitarian ethical perspective, we also evaluate the effect of DPAs on MNEs’ tendency to self-regulate or re-offend. Our conclusion, supported by critical analysis of the juridical literature and case evidence on MNEs’ recidivism, is that DPAs do not foster ethical behavior. (shrink)

The first issue of _Artificial Intelligence and Law_ journal was published in 1992. This special issue marks the 30th anniversary of the journal by reviewing the progress of the field through thirty commentaries on landmark papers and groups of papers from that journal.

As part of the social distancing measures for preventing the spread of COVID-19, many university courses were moved online. There is an assumption that online teaching limits opportunities for fostering interpersonal relationships and students’ satisfaction of the basic need for relatedness – reflected by experiencing meaningful interpersonal connections and belonging – which are considered important prerequisites for student motivation and vitality. In educational settings, an important factor affecting students’ relatedness satisfaction is the teachers’ behavior. Although research suggests that relatedness satisfaction (...) may be impaired in online education settings, to date no study has assessed how university lecturers’ relatedness support might be associated with student relatedness satisfaction and therefore, student motivation and vitality. This study tested this mediating relationship using data collected during the early days of the COVID-19 pandemic. The study also investigated whether the relations were moderated by a high affiliation motive which reflects a dispositional wish for positive and warm relationships. The possible importance of the communication channel selected by the lecturers and the format of a class were also investigated. In a sample of N = 337 students, we tested our hypotheses using structural equation model. Results confirmed mediation, but not moderation. The use of video chat seems to facilitate the provision of relatedness support but our data did not show that the format of a class was associated with relatedness. Our findings indicate that both teaching behavior and the technical format used to deliver lectures play important roles in student experiences with online classes. The results are discussed in light of other research conducted during the pandemic. (shrink)

Indirect reports are segments of speech involving a dialogic dimension and thus studying them offers a chance to linguistics to appropriate again its original status as a theory that deals with linguistic signs and communication. The practice of indirect reporting intersects with a theory of knowledge, as, through the indirect report, knowledge is imparted on the basis of which the Hearer will decide whether to act or not and how s/he should take action. In this chapter, I discuss the issue (...) of opacity and try to defend a pragmatic view of opacity in connection with indirect reports. I try to explain opacity pragmatically, although I accept that there are numerous exceptions one has to account for. In this paper, I also consider the issue of slurs, in terms of opacity of the pragmatic kind and I then accept that we have to consider the societal constraints on the use/mention of slurs. (shrink)

Argumentation Frameworks provide a fruitful basis for exploring issues of defeasible reasoning. Their power largely derives from the abstract nature of the arguments within the framework, where arguments are atomic nodes in an undifferentiated relation of attack. This abstraction conceals different senses of argument, namely a single-step reason to a claim, a series of reasoning steps to a single claim, and reasoning steps for and against a claim. Concrete instantiations encounter difficulties and complexities as a result of conflating these senses. (...) To distinguish them, we provide an approach to instantiating AFs in which the nodes are restricted to literals and rules, encoding the underlying theory directly. Arguments in these senses emerge from this framework as distinctive structures of nodes and paths. As a consequence of the approach, we reduce the effort of computing argumentation extensions, which is in contrast to other approaches. Our framework retains the theoretical and computational bene.. (shrink)

Explicatures are not cancellable. Theoretical considerations.

In this chapter I deal with indirect reports in terms of language games. I try to make connections between the theory of language games and the theory of indirect reports, in the light of the issue of clues and cues. Indirect reports are based on an interplay of voices. The voice of the reporter must allow hearers to ‘reconstruct’ the voice of the reported speaker. Ideally, it must be possible to separate the reporter’s voice from that of the reported speaker. (...) When we analyze the language game of indirect reporting, we ideally want to establish which parts belong to the primary voice and which parts belong to the reporter’s voice. In this paper I apply considerations on language games by Dascal et al. and I explore the dialectics between abstract pragmatics principles and considerations about situated uses that are sensitive to cues and clues. (shrink)

The problem of establishing the best interpretation of a speech act is of fundamental importance in argumentation and communication in general. A party in a dialogue can interpret another’s or his own speech acts in the most convenient ways to achieve his dialogical goals. In defamation law this phenomenon becomes particularly important, as the dialogical effects of a communicative move may result in legal consequences. The purpose of this paper is to combine the instruments provided by argumentation theory with the (...) advances in pragmatics in order to propose an argumentative approach to meaning reconstruction. This theoretical proposal will be applied to and tested against defamation cases at common law. Interpretation is represented as based on a hierarchy of interpretative presumptions. On this view, the development of the logical form of an utterance is regarded as the result of an abductive pattern of reasoning in which various types of presumptions are confronted and the weakest ones are excluded. Conflicts of interpretations and equivocation become essentially interwoven with the dialectical problem of fulfilling the burden of defeating a presumption. The interpreter has a burden of explaining why a given presumption is subject to default, assuming that the speaker is reasonable and acting based on a set of shared expectations. (shrink)

In this paper, we take up an old issue that of pragmemes, broached by Mey and further explored by Capone. It is not easy to define pragmemes and distinguish them sufficiently from speech acts (units of language use broached by Austin and Searle) or from Wittgensteinian language games or from macro speech acts (see van Dijk on macrostructures) or from Goffman’s scripts. The best idea we could develop about pragmemes is that they instantiate the triple articulation of language, proposed (...) by Jock Wong; being essentially composed of phonological-syntactic units, that have a certain content relative to a social situation and to a certain culture, pragmemes express a certain function (or illocutionary force), like, e.g., modifying society or some aspect of it. They are part of a chapter that can be called either “societal pragmatics” or “emancipatory pragmatics,” to use the words by Mey. In fact, knowledge of how language is used to diminish the rights of people and to propagate the “status quo” may be instrumental to give rights and power to ordinary human beings who are oppressed by political and economical structures. -/- . (shrink)

I propose some rules that regiment substitutions of NPs.

n the philosophy of language, there are many ongoing controversies that stem from relying too heavily on an utterance-based framework. The traditional approach of rigidly partitioning the utterance’s meaning into what is grammatically determined from what is not may not fully capture the complexity of human language in real-world communicative contexts. To address this issue, we suggest shifting focus toward a broader analysis level encompassing conversations and discourses. From this broader perspective, it is possible to obtain a more integrated view (...) of how linguistic and extra-linguistic aspects dynamically interact and thus reconsider semantics/pragmatics dichotomy as complementary dimensions. Meaning is not confined to linguistic structures alone but emerges from the dynamic interplay of words, sociocultural knowledge, discursive situations, and psychological dispositions of speakers. Substantiating this perspective calls for embracing an interdisciplinary approach that synthesizes research from various domains, including linguistics, cognitive psychology, and philosophy of language. This paper focuses on a particularly compelling case study: aphasia. Speeches produced by individuals with aphasia represent complex scenarios where the balance between linguistic and extra-linguistic aspects is notably compromised, often to the former’s detriment. Aphasics’ productions represent a vivid example of how the interpretation of speeches can be far from involving fixed and static operations. Instead, it entails continuously reallocating cognitive resources toward the most readily available and accessible sources for the speakers. This case study ultimately demonstrates that the influence of semantic and pragmatic processes in shaping and conveying meanings displays remarkable adaptability, continuously adjusting to the ever changing demands placed upon speakers. -/- . (shrink)