The use of artificial intelligence (AI) to aid legal decision making has become prominent. This paper investigates the use of AI in a critical issue in employment law, the determination of a worker’s status—employee vs. independent contractor—in two common law countries (the U.S. and Canada). This legal question has been a contentious labor issue insofar as independent contractors are not eligible for the same benefits as employees. It has become an important societal issue due to the ubiquity of the gig (...) economy and the recent disruptions in employment arrangements. To address this problem, we collected, annotated, and structured the data for all Canadian and Californian court cases related to this legal question between 2002 and 2021, resulting in 538 Canadian cases and 217 U.S. cases. In contrast to legal literature focusing on complex and correlated characteristics of the employment relationship, our statistical analyses of the data show very strong correlations between the worker’s status and a small subset of quantifiable characteristics of the employment relationship. In fact, despite the variety of situations in the case law, we show that simple, off-the-shelf AI models classify the cases with an out-of-sample accuracy of more than 90%. Interestingly, the analysis of misclassified cases reveals consistent misclassification patterns by most algorithms. Legal analyses of these cases led us to identify how equity is ensured by judges in ambiguous situations. Finally, our findings have practical implications for access to legal advice and justice. We deployed our AI model via the open-access platform, https://MyOpenCourt.org/, to help users answer employment legal questions. This platform has already assisted many Canadian users, and we hope it will help democratize access to legal advice to large crowds. (shrink)

1. Kodai shisō -- 3. Chūsei shisō -- 4. Kindai shisō -- 5. Tōzai bunka no kōryū -- 6. Shōtoku Taishi -- 7. Kinsei Nihon no hihanteki seishin -- 8. Nihon shūkyō no kindaisei.

This article introduces English translations of Tanabe’s two essays entitled “Moral Freedom” and “On Moral Freedom Revisited.” In these essays, Tanabe tries to understand the unity of the contradictory division between freedom and necessity, while remaining truthful to the moral experience. Freedom is ultimately characterized as ideality that we ought to realize in reality, while the stage of religion constitutes the ultimate end of such moral struggles. Tanabe does not clearly work out how the continuity of the freedom-necessity discontinuity is (...) possible in these essays. Nevertheless, we can gain insight into the early stages of Tanabe’s practical metaphysics that culminate in his mature works on the philosophy of religion. The translators’ introduction will highlight these points and also provide a brief description of the historical background in which the publication of these texts took place in 1917. (shrink)

This article falls into two parts. In the first the introduction of Darwinism into Japan up to the 1920s is described. The second is a bibliographical survey of Japanese versions of Darwin's work published between 1896 and 1974.

This paper offers an explanation of how collaboration leads to abstract and flexible problem solving. We asked the individual and paired subjects to indicate 3/4 of 2/3 of the area of a square sheet of paper and found that (1) they primarily folded or partitioned the paper rather than algorithmically calculating the answer, (2) they strongly tendened to backtrack and confirm their proto‐plans on externalized traces such as creases on the paper, and (3) only the paired subjects shifted to the (...) mathematical strategy in their second trials. Based on these results, we propose that two factors, individuals' activeness in choosing and confirming the initial strategies and the frequent role exchange between task‐doing and monitoring in collaborative situations, interact in collaboration to generate various solutions differing in the degree of abstraction, which are then reflected upon by the participants to lead them to abstraction. (shrink)

This is a brief history of Japanese science since the beginning of Japan as a modern state in 1868 to the end of the Second World War. It focuses on five aspects: The intellectual training in Chinese studies prior to the period was significant for the reception of Western science. Chinese ideograms were effectively utilized for creating technical terms for science. Western science and technology were intensively implanted in approximately the first 30 years with the help of a large number (...) of hired foreign experts, unparalleled in modern world history. A few major scientific personalities and a new, leading research institute emerged around the First World War. The wartime expansion of research expenditure occurred and Japanese research institutes were established in China. Maturity of Japanese science was attained, as seen in an example of theoretical physics. (shrink)

The purpose of this paper is an axiomatic study of the interrelations between certain continuity properties. We deal with principles which are equivalent to the statements "every mapping is sequentially nondiscontinuous", "every sequentially nondiscontinuous mapping is sequentially continuous", and "every sequentially continuous mapping is continuous". As corollaries, we show that every mapping of a complete separable space is continuous in constructive recursive mathematics (the Kreisel-Lacombe-Schoenfield-Tsejtin theorem) and in intuitionism.

This paper presents the first English translation of one of Tanabe’s early essays on Kant. Tanabe marks the occasion of the first translation of the Critique of Practical Reason into Japanese by providing his reflections on Kant’s theory of freedom in this essay. This creative essay by Tanabe represents the hallmark Kyoto School interpretation of Kant. Tanabe weaves his account of Kant with elements from other philosophers in an attempt to think systematically about the nature of freedom. He agrees with (...) Kant that morality itself “rises and falls” with the idea of freedom; however, Tanabe also tries to rescue some of the pitfalls he sees in Kant’s theory by reconstructing Kant’s account. In this brief, but rich essay, Tanabe unfolds one of the more creative aspects of his philosophy through Kant. (shrink)

"Tanabe's agenda was not religious but philosophical in that he tried to integrate Eastern and Western insights in order to acquire a cross-cultural philosophical vision for the post-war world community.... This book shows his superior philosophical originality.... It is high time that Tanabe's thought should be introduced to the West."—Joseph Kitagawa, University of Chicago.

How are the various classically equivalent definitions of compactness for metric spaces constructively interrelated? This question is addressed with Bishop-style constructive mathematics as the basic system – that is, the underlying logic is the intuitionistic one enriched with the principle of dependent choices. Besides surveying today's knowledge, the consequences and equivalents of several sequential notions of compactness are investigated. For instance, we establish the perhaps unexpected constructive implication that every sequentially compact separable metric space is totally bounded. As a by-product, (...) the fan theorem for detachable bars of the complete binary fan proves to be necessary for the unit interval possessing the Heine-Borel property for coverings by countably many possibly empty open balls. (shrink)

This article introduces the first English translation of one of Tanabe’s early essays on metaphysics. It questions the relation of the universal to the particular in context of logic, phenomenology, Neo-Kantian epistemology, and classical metaphysics. Tanabe provides his reflections on the nature of the concept of universality and its constitutive relation to phenomenal particulars through critical analyses of the issue as it is discussed across various schools of philosophy including: British Empiricism, the Marburg School, the Austrian School, the Kyoto School, (...) and Platonism. In this essay, Tanabe reveals his ability to think metaphysically the ground for the possibility of reasoning and dares to voice his own thought beyond references to the most prominent thinkers of his time from distinct intellectual traditions in both the east and the west. This essay, therefore, demonstrates that his strong tendency to move beyond the received epistemology and phenomenology of the European intellectual tradition to metaphysics was already present in the early days of his academic life and thereby marks a more general contribution of the Kyoto School of Philosophy to distinct European schools of thought in the early twentieth century. (shrink)

中世から近世に移るカオスの中で人びとはどのように生き、社会の中で思想を形成していったか。本書はそこにみられる、近代が切り捨ててきた、人と人とのつながりを真摯に追求する。.

We show, within the framework of Bishop's constructive mathematics, that (sequential) completeness of the locally convex space $\mathcal{D} (\mathbb{R})$ of test functions is equivalent to the principle BD-N which holds in classical mathemtatics, Brouwer's intuitionism and Markov's constructive recursive mathematics, but does not hold in Bishop's constructivism.

In order to represent legal knowledge adequately, it is vital to create a formal device that can freely construct an individual concept directly from a predicate expression. For this purpose, a Compound Predicate Formula (CPF) is formulated for use in legal expert systems. In this paper, we willattempt to explain the nature of CPFs by rigorous logical foundation, i.e., establishing their syntax and semantics precisely through the use of appropriate examples. We note the advantages of our system over other such (...) systems and discuss the significance of CPFs with regard to the formalization of legal reasonings using examples from the United Nations Convention for the International Sale of Goods. (shrink)

The history of the Vedanta school is well known since the time of Sankaracarya on, and its prehistory before Sankara is quite obscure. However, from the time of compilation of major Upanisads to Sankara there is a period of thousand years, and the tradition of Upanisads was not lost; there appeared many philosophers and dogmaticians, although their thoughts are not clearly known. The author has made clear the details of the pre-Sankara Vedanta philosophy, utilizing not only Sanskrit materials, but also (...) Pali, Prakrit (Jain), as well as Tibetan and Chinese sources. In this respect this is quite a unique work. For this work the author was awarded the Imperial Prize by the Academy of Japan. Some sections of this work were already published in Indian as well as European and American journals in English. This work is a complete English translation of the entire book. The English translation was done with the financial aid by the Harvard-Yenching Institute, and the final touch was given by Mr. Trevor Leggett, the British writer, who is well-versed in Sanskrit as well as in Japanese. (shrink)

This volume contains a selection of papers presented at the special workshop "Truth and Objectivity in Law and Morals," held at the 26th World Congress of the IVR. The papers deal with diverse but correlated issues such as the search for truth in and through legal argumentation; the intelligible character of rules inside theories of interpretation which guarantee the coherence and the integrity of law; the role of hermeneutic analysis in the construction of the objectivity of law; the procedural and (...) contextual aspects of objectivity in legal reasoning; the role of objectivity in the distinction between the context of justification and the context of discovery; the problem about truth of normative propositions and legal statements; the incompatibility of non factualism with the traditional account of validity and legality; as well as the possibility of objectivity in morals. (shrink)

We give a variant of the Gödel-Gentzen-negative translation, and a syntactic characterization which entails conservativity result for formulas.

The standard construction of quotient spaces in topology uses full separation and power sets. We show how to make this construction using only the predicative methods available in constructive type theory and constructive set theory.

Dans son premier article, Tanabe soutient que le jugement n’est pas seulement un acte secondaire de la pensée : il est aussi l’acte par lequel l’objet est posé et sur lequel la connaissance se fonde, lorsqu’un acte d’attention se tourne vers le contenu de l’expérience pure. Dans celle-ci, objet et sujet sont encore indistincts. Ce jugement thétique fondamental diffère des autres jugements en ceci qu’en lui, il n’y a pas de décalage entre exigence et reconnaissance. Il est donc toujours affirmatif (...) et ne devient pas clairement conscient. Tanabe entend éviter ainsi l’idéalisme subjectif. (shrink)