In Dimensions of Private Law, Professor Stephen Waddams describes the obstacles that an adequate classification of private law must overcome. The purpose of this essay is to offer a theoretical account of legal classification that explains how these obstacles can be overcome and what the resulting classification of private law might look like. I begin with the catalogue of obstacles that Waddams presents and argue that, because they are rooted in misconceptions about the classificatory project, they (...) pose no threat to an adequate conception of legal classification. In search of such a conception, I consider how three great legal theorists – Aristotle, Kant, and Hegel – answer three fundamental classificatory questions about private law. First, what is the unitythat underlies the seemingly chaotic array of legal instances? Second, what is the principle of differentiationthat applies to this unity? Third, how are legalinstancessubsumed under this differentiated unity? The focus of this essay is the enduring significance of Kant’s conception of legal classification, which provides an alternative to Waddams’ conception and offers a set of coherent answers to the fundamental classificatory questions. In contrast, both Aristotle and Hegel respond to the fundamental classificatory questions by providing a conception of the unity of private law that fails to cohere with their ensuing accounts of its differentiation. (shrink)

Automated classification of legal documents has been the subject of extensive research in recent years. However, this is still a challenging task for long documents, since it is difficult for a model to identify the most relevant information for classification. In this paper, we propose a two-stage supervised learning approach for the classification of petitions, a type of legal document that requests a court order. The proposed approach is based on a word-level encoder–decoder Seq2Seq deep (...) neural network, such as a Bidirectional Long Short-Term Memory (BiLSTM) or a Bidirectional Encoder Representations from Transformers (BERT) model, and a document-level Support Vector Machine classifier. To address the challenges posed by the lengthy legal documents, the approach introduces a human-in-the-loop approach, whose task is to localize and tag relevant segments of text in the word-level training part, which dramatically reduces the dimension of the document classifier input vector. We performed experiments to validate our approach using a real-world dataset comprised of 270 intermediate petitions, which were carefully annotated by specialists from the 15th civil unit of the State of Alagoas, Brazil. Our results revealed that both BiLSTM and BERT-Convolutional Neural Networks variants achieved an accuracy of up to 95.49%, and also outperformed baseline classifiers based on the Term Frequency–Inverse Document Frequency test vectorizer. The proposed approach is currently being utilized to automate the aforementioned justice unit, thereby increasing its efficiency in handling repetitive tasks. (shrink)

Access to legal information and, in particular, to legal literature is examined for the creation of a search and retrieval system for Italian legal literature. The design and implementation of services such as integrated access to a wide range of resources are described, with a particular focus on the importance of exploiting metadata assigned to disparate legal material. The integration of structured repositories and Web documents is the main purpose of the system: it is constructed on (...) the basis of a federation system with service provider functions, aiming at creating a centralized index of legal resources. The index is based on a uniform metadata view created for structured data by means of the OAI approach and for Web documents by a machine learning approach, which, in this paper, has been assessed as regards document classification. Semantic searching is a major requirement for legal literature users and a solution based on the exploitation of Dublin Core metadata, as well as the use of legal ontologies and related terms prepared for accessing indexed articles have been implemented. (shrink)

This paper describes the automated classification of legal norms in German statutes with regard to their semantic type. We propose a semantic type taxonomy for norms in the German civil law domain consisting of nine different types focusing on functional aspects, such as Duties, Prohibitions, Permissions, etc. We performed four iterations in classifying legal norms with a rule-based approach using a manually labeled dataset, i.e., tenancy law, of the German Civil Code ). During this experiment the \ (...) score continuously improved from 0.52 to 0.78. In contrast, a machine learning based approach for the classification was implemented. A performance of \ was reached. Traditionally, machine learning classifiers lack of transparency with regard to their decisions. We extended our approach using so-called local linear approximations, which is a novel technique to analyze and inspect a trained classifier’s behavior. We can show that there are significant similarities of manually crafted knowledge, i.e., rules and pattern definitions, and the trained decision structures of machine learning approaches. (shrink)

In natural language processing (NLP), named entity recognition (NER) and semantic classification are essential tasks. NER is a fundamental task, that identify named entities in text such as people, organizations, and locations. In Legal domain, NER is particularly important due to the variety of named entities that appear in legal documents and are important for legal analysis whereas Semantic classification is the process of giving each sentence in a text a semantic label, such as ”fact,””arguments,” (...) or”judgement”. Both NER and Semantic classi- fication are critical component of many NLP applications such as Knowledge base construction and semantic search. Semantic searching of legal documents is a powerful technique that can be used to quickly find the information that you need. By combining NER and semantic classification, one can identify the key elements of a legal document and search for documents that are related to a particular topic or contain a particular type of information. This paper proposes a novel approach to NER and Semantic classification in legal domain using Long short-term memory (LSTM) model. The proposed approach is evaluated on a corpus of legal text and the result of this study suggest that LSTM models are a promising approach for NER and Semantic classification in legal domain and can be used to improve the performance of semantic searching of legal documents. (shrink)

Pharmacists with religious or ethical objections to prescribing emergency contraception won the latest round in the fight over conscience clauses in a case that could have broader implications for attempts to restrict access to contraception. In Stormans, Inc. v. Selecky, a federal District Court in Washington State granted an injunction to block the enforcement of regulations that would have forbidden pharmacists to refuse to dispense emergency contraception on the grounds of religious or ethical objections. In its decision, the court applied (...) Supreme Court abortion precedent without explicitly ruling whether emergency contraception should be legally categorized as a form of abortion or as contraception. However, the legal status of emergency contraception affects the strength of the defendants’ claims that the law was justified on the grounds of preventing sex discrimination. In neglecting to rule one way or the other, the court not only failed to adequately consider the sex discrimination claim but also may have opened the door to more restrictive regulation on contraceptives generally. (shrink)

Gender is perhaps the most pervasive, fundamental, and universally accepted way we separate and categorize human beings. Yet in recent years, U.S. courts and administrative state agencies have confronted a growing challenge from individuals demanding to have their gender reclassified. Transgender people create a profound category crisis for social institutions built on the idea that biological sex is both immutable and dichotomous. During the past four decades, the central legal question shifted from how to allocate specific individuals to categories (...) to the permeability of gender categories themselves. This analysis of 38 judicial gender determinations provides a glimpse of the literal construction of the gender order and of the ways institutions gender individuals. It also provides powerful evidence that cultural anxieties about reproduction and the heterosexual, conjugal family underscore institutional efforts to manage the uncertainty of postmodern gender identities. (shrink)

The object of this study is the legal framework for the sale or purchase of company shares when the goal of the transaction is the sale of a business. The impact of such transactions on Lithuanian economic development underlines the importance of this study. The recent wave of mergers and acquisitions in Lithuania is likely to substantially increase the number of related legal disputes as well. Legislation on the purchase and sale of company shares and the resulting transfer (...) of business has been enacted in Lithuania only recently. The regulation of such cases remains rather unclear, few cases have been brought to court, and the topic has been barely addressed by legal scholarship in Lithuania to date. It is unclear whether the fact that the real purpose of the transaction is not a simple reassignment of company shares, but business transfer, results in any differences in the interpretation and application of the law. An especially delicate question, raised in Lithuania and other European countries, is whether the buyer may submit a warranty claim to the seller regarding the business acquired. (shrink)

The capacity to classify social groups legally is a central characteristic of modern states. Social groups, however, often resist the classificatory schemas of the state. This raises the following question: how do modern states exercise symbolic power in social fields beset by acute classification struggles? While existing scholarship has demonstrated that states exercise symbolic power, there has not been a concomitant effort to systematize and theorize the various strategies through which they do so. This article addresses this lacuna through (...) examining classification struggles centered on a number of “heterodox” religious groups that have historically been perceived as deviant from mainstream religions. Specifically, it looks at Falun Gong in China, Mormons in the United States, and Baha’is in Egypt. The analysis draws attention to three strategies through which states exercise symbolic power: coercive classification, wherein the deviant group is forcibly fixed as such in law; juridical normalization, whereby the deviant group is allowed to enter the mainstream by shedding “problematic” ritual practices; and legal erasure, whereby the deviant group is kept out of the official classificatory system so that it becomes a legal non-entity. In summary, this article both identifies the religious field as a critical domain in which states of various ideological orientations exercise symbolic power and deploys this analysis to identify distinct strategies through which they do so. (shrink)

Conditional constructions (if–then) enable us to express our thoughts about possible states of the world, and they form an important ingredient for our reasoning and argumentative capabilities. Different types and argumentative uses have been distinguished in the literature, but their applicability to actual language use is rarely evaluated. This paper focuses on the reliability of applying classifications of connections between antecedents and consequents of conditionals to discourse, and three issues are identified. First, different accounts produce incompatible results when applied to (...) language data. Second, a discrepancy between theory and data was observed in previous studies, which sometimes discard existing classifications for being detached from actual language use. Finally, language users construct various cognitive relations between clauses of conditionals without being able to rely on overt linguistic features, which poses problems for the annotation of conditionals in argumentation and discourse. This paper addresses these issues by means of comparing theoretical types and actual uses of conditionals, by inspecting the dispersion of types in natural-language corpora, and by conducting an experiment in which the inter-rater reliability of classifications was assessed. The results show that the reliability of classifications of conditionals when applied to language data is low. With respect to the aforementioned issues, different classifications produced incompatible results, a discrepancy between theory and data was indeed observed, and low reliability scores indicated a largely interpretative nature of types of conditionals. Given these results, suggestions for the enhancement of reliability in corpus studies of conditionals and beyond are provided to enhance future classification design. (shrink)

Similar case analysis (SCA) is an essential topic in legal artificial intelligence, serving as a reference for legal professionals. Most existing works treat SCA as a traditional text classification task and ignore some important legal elements that affect the verdict and case similarity, like legal events, and thus are easily misled by semantic structure. To address this issue, we propose a Legal Event-Context Model named LECM to improve the accuracy and interpretability of SCA based (...) on Chinese legal corpus. The event-context integration mechanism, which is an essential component of the LECM, is proposed to integrate the legal event and context information based on the attention mechanism, enabling legal events to be associated with their corresponding relevant contexts. We introduce an event detection module to obtain the legal event information, which is pre-trained on a legal event detection dataset to avoid labeling events manually. We conduct extensive experiments on two SCA tasks, i.e., similar case matching (SCM) and similar case retrieval (SCR). Compared with baseline models, LECM is validated by about 13% and 11% average improvement in terms of mean average precision and accuracy respectively, for SCR and SCM tasks. These results indicate that LECM effectively utilizes event-context knowledge to enhance SCA performance and its potential application in various legal document analysis tasks. (shrink)

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. In this paper, the controversial conflict of opinions concerning the nature of “marriage” in Obergefell v. Hodges is analyzed pointing out the dialecti- cal strategies used for addressing the interpretive doubts. The dispute about the same-sex couples’ right to marry hides a much deeper disa- greement (...) not only about what mar- riage is, but more importantly about the dialectical rules for defining it. (shrink)

According to the Differences of Sex Development Regulations of the International Association of Athletics Federations, Caster Semenya and other athletes with heightened testosterone levels are considered non-eligible for middle distance running races in the women’s class. Based on an analysis of fair equality of opportunity in sport, I take a critical look at the Semenya case and at IAAF’s DSD Regulations. I distinguish between what I call stable and dynamic inequalities between athletes. Stable inequalities are those that athletes cannot impact (...) or control in any significant way such as inequalities in biological sex, body size and chronological age. Dynamic inequalities, such as inequalities in strength, speed and endurance, or in technical and tactical skills, can be impacted and to a certain extent controlled by athletes. If stable inequalities exert significant and systematic impact on performance, they provide a rationale for classification. If high testosterone level is an inborn, strong and systemic driver of performance development, inequalities in such levels can provide a rationale for classification. As is emphasised by the Court of Arbitration for Sport, this leads to a dilemma of rights: the right of Semenya to compete in sport according to her legal sex and gender identity, and the right of other athletes within the average female testosterone range to compete under fair conditions. I conclude with providing conditional support of the CAS decision in the Semenya case and of IAAF’s DSD Regulations. (shrink)

Animals in Brazil: Economic, Legal and Ethical Perspectives presents a broad overview of the complicated role of animals in Brazilian society. Its four substantive chapters survey the landscape of animal agriculture, animal protection laws, recent animal jurisprudence, and the underlying cultural factors that have shaped the Brazilian people's relationship with and treatment of animals. Despite the book's title, there is no chapter addressing economics. However, it represents the first book in English addressing the plight of animals in Brazil and (...) makes a marked contribution to animal ethics in Latin America. At its best, it is very good, and overall, the volume is a worthwhile addition to the bookshelf of anyone interested in Brazilian animal law.The introduction by the book's editor, Carlos Naconecy, does exactly what an introduction should do: it succinctly describes the content of the chapters to follow. My quibble is that while Naconecy has excellent English and expresses himself well, the essay badly needed the editorial scrutiny of a native English speaker. The succeeding chapters each begin with an abstract, a simple but useful aid to any scholar who might not be interested in all of the issues the book covers.Chapter 1, “Food Animals in Brazil: Five Decades of Transformation,” ably describes Brazil's progression from a primarily subsistence-based agrarian culture to its full-scale embrace of industrial agriculture with all of its incumbent horrors. In just 50 years, Brazil has gone from a net importer to the world's second-largest exporter.The story of the country's transition to confinement, meat-based agriculture is all too familiar. It wrought havoc on community and family ties and overwrote traditional dietary practices, leading to widespread obesity, disease, and nutrient deficiencies. It also made indifference toward agricultural animals a new national norm. The level of cruelty that is both legal and common in Brazilian industrial agriculture would strain credulity if it weren't so similar to those of so many other countries. Indeed, the authors’ discussion of the systemic animal mistreatment, devastating environmental consequences, and accompanying cultural erosion in Brazil could easily have been cut and pasted into a chapter surveying the last 50 years in the United States.The second chapter is the strongest in the collection. “The Legal Protection of Animals in Brazil: An Overview” summarizes the country's animal-legal framework and situates it within the context of Brazil's constitutional prohibition against animal cruelty. The authors explain why the constitution offers little practical protection. Under the prevailing view, only those acts undertaken for the purpose of causing needless suffering constitute cruelty. Since much animal cruelty is ostensibly done for other reasons (food, science, etc.), the cruelty prohibition does not reach the majority of offenses.The authors next construct a syllogistic argument that the current legal classification of animals as “things” rather than beings who are the subjects of rights is logically and ethically flawed. Since cruelty involves suffering, and objects cannot suffer, and since animals suffer (otherwise animal cruelty laws would be pointless), then animals must be subjects of the law. Phrased differently, animals must be rights-holders. This leads into a compelling argument that the constitution not only supports but requires such an interpretation.“Cases and Debates in the Brazilian Animal Rights Arena” does exactly what its title suggests. It looks at recent animal-related judicial developments and situates them within a broader cultural and legal context. For example, the Supreme Court recently held that the Vaquejada, a rodeo-like event involving chasing and tackling terrified cows, was unconstitutional.Immediately following the decision, the legislature amended the constitution to classify the Vaquejada as an important cultural activity and thus protected under a different constitutional provision. The courts are currently considering whether that constitutional amendment is itself unconstitutional. We are further told about movements against foie gras and vivisection and about recent developments regarding custody disputes over domestic animal companions.The final chapter, “Factors That Influence the Brazilian Ethos Regarding Animals” is a broad discussion of the ways Brazilian history and culture have impacted attitudes toward animals. It is argued that because Brazil was the last Western country to eliminate slavery, Brazilians are more prone to treat animals like property and that the Brazilian temperament makes them more likely to be passionate than pragmatic. We also learn that a cultural reluctance to protest against social wrongs enables Brazilians to remain silent in the face of animal injustice and that the country's Catholic tradition instilled the idea that only people were made in the image of God and that animals therefore matter less. These observations strike me as overbroad and problematic. For example, millions of Brazilians have spent much of the past decade protesting government corruption, and the country has an impassioned animal advocacy movement. Furthermore, it is not clear that Brazilians necessarily treat animals differently than people from other countries with very different histories.Overall, Animals in Brazil begins the work of new scholarship in English on animals in the Brazilian context. The fact that some chapters are more informative and useful than others is an inevitable by-product of an edited volume and should not deter those interested in Brazilian animal law from reading it. The excellence of the first two chapters alone makes the book worthwhile. (shrink)

Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 (...) / 3. Timely Issues of Central and Eastern Europe 24 // COMPARATIVE LEGAL CULTURES? [2001] 29–48: 1. Legal Comparativism Challenged 29 / 2. Comparative Legal Cultures versus Comparative Law 34 / 3. Contrasting Fields 40 [a) The Historical Understanding of Socialist Law 42 / b) Convergence of Civil Law and Common Law 44] 4. Concluding Remarks 46 // THEATRUM LEGALE MUNDI: ON LEGAL SYSTEMS CLASSIFIED [2005] 49–75: 1. Preliminaries 49 / 2. Proposals 50 / 3. Impossible Taxonomy, or the Moment of Practicality in Legal Mapping 69 / 4. Diversity as a Fundamental Quality of Human Existence 74 // LEGAL TRADITIONS? IN SEARCH FOR FAMILIES AND CULTURES IN LAW [2004] 77–97: 1. Comparative Law and the Comparative Study of Legal Traditions 78 / 2. ‘System’, ‘Family’, ‘Culture’, and ‘Tradition’ in the Classification of Law 80 / 3. Different Traditions, Differing Ways of Thinking 85 / 4. Different Expectations, Differings Institutionalisations in Law 88 / 5. Different “Rationalities”, Differing “Logics” 92 / 6. Mentality in Foundation of the Law 94 / 7. Defining a Subject for Theoretical Research in Law 96 // SOMETHING NEW, SOMETHING OLD IN THE EUROPEAN IDENTITY OF LAW? [1995] 99–102 --- FIELD STUDIES -- MEETING POINTS BETWEEN THE TRADITIONS OF ENGLISH–AMERICAN COMMON LAW AND CONTINENTAL-FRENCH CIVIL LAW: DEVELOPMENTS AND EXPERIENCE OF POSTMODERNITY IN CANADA [2002] 105–130: I. Canadian Law in General 105 / II. Canadian Legal Developments in Particular [1. The Transformation of the Role of Precedents 112 / 2. The Transformation of Law-application into a Collective, Multicultural and Multifactorial Search for a Solution 116 / 3. Practical Trends of Dissolving the Law’s Positivity 120 / 4. New Prerogatives Acquired by Courts 125 {a) Unfolding the Statutory Provisons in Principles 126 / b) Constitutionalisation of Issues 127 / c) The Supreme Court as the Nation’s Supreme Moral Authority 129}] // MAN ELEVATING HIMSELF? DILEMMAS OF RATIONALITY IN OUR AGE [2000] 131–163: I. Reason and its Adventures 1. Progress and Advance Questioned 131 / 2. The Human Search for Safety Objectified 133 / 3. Knowledge Separated from Wisdom 135 / 4. Pure Intellectuality thereby Born 137 / II. The Will-Element Formalised in Law 5. Mere Voluntas in the Foundation of Legal Positivism 141 / 6. Formalism with Operations Fragmented 145 / III. The State of America Exemplified 7. “Slouching into Gomorrah” 147 / IV. Consequences 8. Utopianism-cum-Voluntarism 154 / 9. With Logic in Posterior Control of Human Formulations Only 159 / V. Perspectives 10. And a Final Resolution Dreamed about 161 // RULE OF LAW? MANIA OF LAW? ON THE BOUNDARY BETWEEN RATIONALITY AND ANARCHY IN AMERICA [2002] 165–180: {Transformation of American Law and Legal Mentality 165 / With Repercussions on the Underlying Ethos 168 / Legislation through Processualisation 170 / With Hyperrationalism Added 172 / Example: Finding Lost Property 172 / Practicalness Veiled by Verbal Magic 173 / Ending in Jurispathy 175 / Transubstantiating the Self-interest of the Legal Profession 178 / Post-modernity, Substituting for Primitiveness 178} // TRANSFERS OF LAW: A CONCEPTUAL ANALYSIS [2003] 181–207: 1. Terms 182 / 2. Technicality 190 / 3. Contrasts in Transfers of Law 200 {Contrasts 200 / Criticisms 202 / Alternatives205} 4. Conclusions 206 // THE DANGERS FOR THE SELF OF BEING SELF-CENTRED: ON STANDARDS AND VALUES [2002] 209–212 --- APPENDIX -- THEORY OF LAW – LEGAL ETHNOGRAPHY, OR THE THEORETICAL FRUITS OF THE INQUIRIES INTO FOLKWAYS [2008] 213–234 1. Encounters 213 / 2. Disciplines 218 / 3. The Lawyerly Interest 223 / 4. Law and/or Laws 226 / 5. Conclusion 233 --- Index of Subjects 235 / Index of Normative Materials 242 / Index 244 . (shrink)

It has been argued that a biomarker-informed classification system for antisocial individuals has the potential to overcome many obstacles in current conceptualizations of forensic and psychiatric constructs and promises better targeted treatments. However, some have expressed ethical worries about the social impact of the use of biological information for classification. Many have discussed the ethical and legal issues related to possibilities of using biomarkers for predicting antisocial behaviour. We argue that prediction should not raise the most pressing (...) ethical worries. Instead, issues connected with ‘biologisation’, such as stigmatization and negative effects on self-image, need more consideration. However, we conclude that also in this respect there are no principled ethical objections against the use of biomarkers to guide classification and treatment of adult antisocial individuals. (shrink)

Introduction -- Practical reasons and judicial use of force -- Deviating from legal standards -- The legal duties of judges -- The normative classification of legal results -- Reasons to deviate -- Adherence rules -- Obeying adherence rules -- The judicial oath -- Legal duty and political obligation -- Systemic effects -- Agent-relative principles -- Optimal adherence rules -- Guidance rules -- Treating like cases alike -- Implementation -- Theoretical implications -- Conclusion.

The scientific validity of racial categories has been the subject of debate among population geneticists, evolutionary biologists, and physical anthropologists for several decades. After World War II, the rejection of eugenics, which had supported sterilization laws and other destructive programs in the United States, generated a compelling critique of the biological basis of race. The classification of human beings into distinct biological “races” is a relatively recent invention propped up by deeply flawed evidence and historically providing the foundation of (...) racist ideology and inequities of power. Social scientists’ conclusion that race is socially constructed was confirmed by genomic studies of human variation, including the Human Genome Project, showing high levels of genetic similarity within the human species. Some scholars came to believe that the science of human genetic diversity would replace race as the preeminent means of grouping people for scientific purposes. (shrink)

Regulatory approach to the right to abortion in Europe is diverse and basically related to the issue of when the right to life begins and how this question is reflected in national legislation. Such an approach and diversity is tolerated by the European Court of Human Rights, but only if some specific standards and criteria formulated in the jurisprudence of the European Court of Human Rights are reflected in national legislation. Research of the Lithuanian legal acts conducted in the (...) light of the jurisprudence of the Court shows that they are not in accordance with the jurisprudence of the European Court of Human Rights and the solutions are therefore suggested. The aim of the article is to systematically analyse the Lithuanian legal acts regulating issues of abortion and to identify the existing problems and provide suggestions as to how to solve those problems with the help of the jurisprudence of the European Court of Human Rights in abortion cases. Analysis of the Lithuanian legal acts reveals that the existing legal regulation and practice is confusing and ambiguous. Abortion questions are regulated in Lithuania by means of secondary legislation, namely by order of the Health Minister which is more than 15 years old, and the classification of diseases dangerous to woman’s health and life is based on international classification that is invalid. The order is not in reconciled with the Lithuanian criminal law. Some other ambiguities and problems are identified in the article. Abortion on a woman’s request in Lithuania is possible by the end of the 12 week of pregnancy and during the entire pregnancy, if it causes danger to woman’s health and life. The Lithuanian legislator requires that both conditions – danger to woman’s health and life – are met in order to terminate pregnancy what is unnecessary and sometimes even confusing. The author suggests providing two separate bases for abortion – danger to woman’s life or health. Foetus problems – if a foetus is irreversibly damaged or suffering from an incurable life-threatening disease, it is not a separate basis for abortion in Lithuania, however those abnormalities of the foetus are related to the health and life of a pregnant woman. In the opinion of the author, looking into the practice of the other EU countries, it is better to provide a separate ground for abortion because of abnormalities of the foetus. The basic problem in Lithuania that is similar in Poland and in Ireland is that there is no clear procedure in case a pregnant woman is not satisfied with the decision of the medical commission regarding the question of her abortion or if the opinion of members of the commission is diverse – no time guidance or appeal institution is provided. (shrink)

Legal text retrieval traditionally relies upon external knowledge sources such as thesauri and classification schemes, and an accurate indexing of the documents is often manually done. As a result not all legal documents can be effectively retrieved. However a number of current artificial intelligence techniques are promising for legal text retrieval. They sustain the acquisition of knowledge and the knowledge-rich processing of the content of document texts and information need, and of their matching. Currently, techniques for (...) learning information needs, learning concept attributes of texts, information extraction, text classification and clustering, and text summarization need to be studied in legal text retrieval because of their potential for improving retrieval and decreasing the cost of manual indexing. The resulting query and text representations are semantically much richer than a set of key terms. Their use allows for more refined retrieval models in which some reasoning can be applied. This paper gives an overview of the state of the art of these innovativetechniques and their potential for legal text retrieval. (shrink)

The well-known classification of legal procedure into “four feet” presents certain conceptual problems for the Indian legal tradition that various Smṛtikāras and commentators have attempted to resolve in different and sometimes contradictory ways. These difficulties arise because the four feet originally referred in Indian legal theory to four distinct, hierarchical legal domains rather than procedural means for reaching a verdict. The earliest attested discussion of the four feet, found in Kauṭilya’s Arthaśāstra, indicates that early (...) class='Hi'>legal theorists understood the greater legal order as being comprised of four hierarchical domains and that these domains were ordered by the state as expressed in the original formulation of the four feet. Among the four legal domains, that of vyavahāra was developed by the state itself as a realm of public, transactional law meant to address disputes that could not be resolved in other legal forums. From this we can conclude that the origin of Indian jurisprudence lies with state efforts to formalize and enforce the laws of public transactions. The reinterpretation of the four feet by later jurists was motivated perhaps by resistance to one of the fundamental relationships expressed in the four feet, namely that royal authority possessed the greatest legal authority, independent of Brāhmaṇical law. (shrink)

In this paper, we identify the way in which various forms of legal personhood can be differentiated from one another by comparing these entities with a—not too farfetched—hypothetical situation in which intelligence spontaneously evolves within the internet: spontaneous intelligence. In these terms, we consider the challenges that may arise where SI as an entity: has no owner, no designer, and no controller; has evolved into existence as a non-human created intelligence; is autonomous; has no physical form; and, although it (...) exists around the world, exists in no particular jurisdiction. Based on this refined notion of SI, we consider issues related to the recognition of such an entity’s legal personhood. By briefly exploring the attribution of legal personality to various entities—including, humans, corporations, artificial intelligence and higher forms of animal life—we differentiate SI from these other forms of intelligence whilst illustrating it shares most characteristics with human intelligence and not, as may intuitively be thought, with various forms of AI. After critically evaluating the classification of these various forms of intelligence, we briefly suggest some ramifications of these differences and suggest that the approach adopted may assist in drawing more effective boundaries between the entities that are already recognised as legal persons, as well as between sub-categories of entities, such as various forms of AI. (shrink)

The contract review process can be a costly and time-consuming task for lawyers and clients alike, requiring significant effort to identify and evaluate the legal implications of individual clauses. To address this challenge, we propose the use of natural language processing techniques, specifically text classification based on deontic tags, to streamline the process. Our research question is whether natural language processing techniques, specifically dense vector embeddings, can help semi-automate the contract review process and reduce time and costs for (...) legal professionals reviewing deontic modalities in contracts. In this study, we create a domain-specific dataset and train both baseline and neural network models for contract sentence classification. This approach offers a more efficient and cost-effective solution for contract review, mimicking the work of a lawyer. Our approach achieves an accuracy of 0.90, showcasing its effectiveness in identifying and evaluating individual contract sentences. (shrink)

What are legal fictions? Professor Lon Fuller discussed the matter at some length. One interpretation of his answer is this: they are lies that are not intended to deceive. This solution fails, in the end, to be convincing. But some remarks of Fuller provide the clue to another way of looking at the problem: fictions are means of changing the application of the law by relying on a tension between two classifications of fact.

The paper explores the semiotic and legal semiotic perspectives related to posthumous digital face. In doing so, the contribution also seeks to explore the complex relationship between AI-generated faces, including deep fakes, mourning, and posthumous rights. The article has five parts. In the introduction, we discuss the challenges of _posthumous existence_ and the issues related to respecting the deceased. We also examine some examples of ‘digital personhood’. In part two, we present three case studies and use semiotics to help (...) us distinguish between _posthumous existence_ and _digital resurrection_. In part three, we provide a semiotic classification of representation in the context of digital faces and our case studies. We suggest that there is a difference between the _phenomenological presence_ of a hologram and the _cognitive value_ of recreating someone’s identity, including their biography, face, and voice. In part four, we explore the topic of digital spectra and mourning, including the concept of _imputability_. In part five, we analyse how the law offers new insights into the ontology of the face of the deceased and posthumous existence in hologram form. In the conclusion, we summarise the article’s key findings and highlight open issues and potential future developments. (shrink)

Juris-Data is one of the largest case-study base in France. The case studies are indexed by legal classification elaborated by the Juris-Data Group. Knowledge engineering was used to design an intelligent interface for information retrieval based on this classification. The aim of the system is to help users find the case-study which is the most relevant to their own.The approach is potentially very useful, but for standardising it for other legal document bases it is necessary to (...) extract a legal classification of the primary documents. Thus, a methodology for the construction of these classifications was designed together with a framework for index construction. The project led to the implementation of a Legal Case Studies Engineering Framework based on the accumulated experimentation and the methodologies designed. It consists of a set of computerised tools which support the life-cycle of the legal document from their processing by legal experts to their consultation by clients. (shrink)

Various aspects of prepositions translation have been primarily investigated in the framework of translation theory. Applied research is mostly focused on translating particular groups of prepositions against the background of plain language. Legal translation researchers have not yet comprehensively analysed peculiarities of translating Russian prepositions used in legal texts into English. The paper is an attempt to investigate the difficulties which Russian learners can encounter when translating prepositions from Russian commercial contracts into English. Methods employed include language typology (...) comparison, continuous sampling technique, language corpus data analysis as applied to language error forecast and prevention. The material selected for analysis – Russian commercial contracts – is chosen in accordance with the principles of professionalism, globalization, specialisation as well as graduates’ employment opportunities. The author develops a classification of prepositions drawing upon their structural, grammar and semantic functions in the texts of Russian commercial contracts. The findings reveal negative interference zones that can potentially cause preposition errors. Feasibility of the forecast is confirmed by the analysis of real learners’ errors. The research concludes that modelling legal translation teaching which takes into account potential interference zones for students can contribute to shifting focus to problem zones while teaching, raising students’ awareness, and therefore acting as propedeutics of the corresponding errors. (shrink)

The article considers the historical transformations of the law, and argues that many contemporary scientists are wrong to ignore it. The paper criticizes the approach to the status of laws, which is determined by the degree of their compliance with the criteria of objectivity and rationality. Instead, a classification is constructed that includes the laws of logic and mathematics, natural sciences, technology, as well as social and legal. To consider the processes of unfolding laws in the evolution of (...) reality, the concept of nomogenesis is used. The unification of laws is achieved due to the fact that they are all determined by the balance of their characteristic tendencies: objective / subjective, rational / extra-rational, determination / will. Special attention is paid to social and legal laws. The case of defining three social laws is offered. (shrink)

Artificial intelligent (AI) systems that perform image classification tasks are being used to great success in many application contexts. However, many of these systems are opaque, even to experts. This lack of understanding can be problematic for ethical, legal, or practical reasons. The research field Explainable AI (XAI) has therefore developed several approaches to explain image classifiers. The hope is to bring about understanding, e.g., regarding why certain images are classified as belonging to a particular target class. Most (...) of these approaches use visual explanations. Drawing on Elgin’s work (True enough. MIT Press, Cambridge, 2017), I argue that analyzing what those explanations exemplify can help to assess their suitability for producing understanding. More specifically, I suggest to distinguish between two forms of examples according to their suitability for producing understanding. I call these forms samples and exemplars, respectively. Samples are prone to misinterpretation and thus carry the risk of leading to misunderstanding. Exemplars, by contrast, are intentionally designed or chosen to meet contextual requirements and to mitigate the risk of misinterpretation. They are thus preferable for bringing about understanding. By reviewing several XAI approaches directed at image classifiers, I show that most of them explain with samples. If my analysis is correct, it will be beneficial if such explainability methods use explanations that qualify as exemplars. (shrink)

This work contrasts Giovanni Sartor’s view of inferential semantics of legal concepts with a probabilistic model of theory formation. The work further explores possibilities of implementing Kemp’s probabilistic model of theory formation in the context of mapping legal concepts between two individual legal systems. For implementing the legal concept mapping, we propose a cross-categorization approach that combines three mathematical models: the Bayesian Model of Generalization, the probabilistic model of theory formation, i.e., the Infinite Relational Model first (...) introduced by Kemp et al. and its extended model, i.e., the normal-IRM proposed by Herlau et al.. We apply our cross-categorization approach to datasets where legal concepts related to educational systems are respectively defined by the Japanese- and the Danish authorities according to the International Standard Classification of Education. The main contribution of this work is the proposal of a conceptual framework of the cross-categorization approach that, inspired by Sartor, attempts to explain reasoner’s inferential mechanisms. (shrink)

This paper shows that the law, in subtle ways, may set hitherto unrecognized incentives for the adoption of explainable machine learning applications. In doing so, we make two novel contributions. First, on the legal side, we show that to avoid liability, professional actors, such as doctors and managers, may soon be legally compelled to use explainable ML models. We argue that the importance of explainability reaches far beyond data protection law, and crucially influences questions of contractual and tort liability (...) for the use of ML models. To this effect, we conduct two legal case studies, in medical and corporate merger applications of ML. As a second contribution, we discuss the trade-off between accuracy and explainability and demonstrate the effect in a technical case study in the context of spam classification. (shrink)

ArgumentRecent studies of patents have argued that the very materiality and techniques of legal media, such as the written patent document, are vital for the legal construction of a patentable invention. Developing the centrality placed on patent documents further, it becomes important to understand how these documents are ordered and mobilized. Patent classification answers the necessity of making the virtual nature of textual claims practicable by linking written inscription to bureaucracy. Here, the epistemological organization of documents overlaps (...) with the grid of patent administration. How are scientific inventions represented in such a process? If we examine the process of creating a new patent category within the International Patent Classification (IPC), it becomes clear that disagreements about the substance of the novel inventive subject matter have been resolved by computer simulations of patent documents in draft classifications. The practical needs of patent examiners were the most important concerns in the making of a new category. Such a lack of epistemological mediation between the scientific and legal identities of an invention depicts a legal understanding that science is already inside patent law. From an internal legal perspective, the self-referential introduction of the new patent category may make practical sense; however it becomes problematic from a technological and scientific standpoint as the remit of the patent classification also affects other social contexts and practices. (shrink)

This research aims to analyze the influencing factors of migrant children’s education integration based on the convolutional neural network algorithm. The attention mechanism, LSTM, and GRU are introduced based on the CNN algorithm, to establish an ALGCNN model for text classification. Film and television review data set, Stanford sentiment data set, and news opinion data set are used to analyze the classification accuracy, loss value, Hamming loss, precision, recall, and micro-F1 of the ALGCNN model. Then, on the big (...) data platform, data in the Comprehensive Management System of Floating Population and Rental Housing, Student Status Information Management System, and Student Information Management System of Beijing city are taken as samples. The ALGCNN model is used to classify and compare related data. It is found that in the MR, STT, and MPQA data sets, the classification accuracy and loss value of the ALGCNN model are better than other algorithms. HL is the lowest, the Pre is second only to the BERT algorithm, and the Re and F1 are both higher than other algorithms. From 2015 to 2019, the number of migrant children in different grades of elementary school shows a gradual increase. Among migrant children, the number of migrant children from other counties in this province is evidently higher than the number of migrant children from other provinces. Among children of migrant workers, the number of immigrants from other counties in this province is also notably higher than the number of immigrants from other provinces. With the gradual increase in the years, the proportion of township-level expenses shows a gradual decrease, whereas the proportion of district and county-level expenses shows a gradual increase. Moreover, the accuracy of the ALGCNN model in migrant children and local children data classification is 98.6 and 98.9%, respectively. The proportion of migrant children in the first and second grades of a primary school in Beijing city is obviously higher than that of local children. The average final score of local children was greatly higher than that of migrant children, whereas the scores of migrant children’s listening methods, learning skills, and learning environment adaptability are lower, which shows that an effective text classification model is established based on the CNN algorithm. In short, the children’s education costs, listening methods, learning skills, and learning environment adaptability are the main factors affecting migrant children’s educational integration, and this work provides a reference for the analysis of migrant children’s educational integration. (shrink)

Legal professionals in Malawi rely on a limited number of textbooks, outdated law reports and inadequate library services. Most documents available are in image form, are un-structured, i.e. contain no useful legal meta-data, summaries, keynotes, and do not support a system of citation that is essential to legal research. While advances in document processing and machine learning have benefited many fields, legal research is still only marginally affected. In this interdisciplinary research, the authors build semi-automatic tools (...) for creating a corpus of Malawi criminal law decisions annotated with legal meta-data, case and law citations. We used this corpus to extract legal meta-data, including law and case citations as used in Malawi by employing machine learning tools, spaCy and Gensim LDA. We set the foundation for a new methodology for classifying Malawi criminal case law according to the recently introduced International Classification of Crime for Statistical Purposes (ICCS). (shrink)

Deep Learning has been widely used for tackling challenging natural language processing tasks over the recent years. Similarly, the application of Deep Neural Networks in legal analytics has increased significantly. In this survey, we study the early adaptation of Deep Learning in legal analytics focusing on three main fields; text classification, information extraction, and information retrieval. We focus on the semantic feature representations, a key instrument for the successful application of deep learning in natural language processing. Additionally, (...) we share pre-trained legal word embeddings using the word2vec model over large corpora, comprised legislations from UK, EU, Canada, Australia, USA, and Japan among others. (shrink)

This article analyzes India’s Traditional Knowledge Digital Library (TKDL) as a potential intervention in the administration of patent law. The TKDL is a database including a vast body of traditional medical knowledge from India, aiming to prevent the patenting and misappropriation of that knowledge. This article contextualizes the TKDL in relation to documentation theory as well as to existing research on the uses of databases to protect traditional knowledge. It explores the TKDL’s potential consequences for India’s traditional medical knowledge and (...) the wider implications that traditional knowledge databases can have for the safeguarding of traditional knowledge in general. The article concludes that on the one hand the TKDL bridges the gap between the main branches of Indian traditional medicine and the formal knowledge system of International Patent Classifications. Furthermore, it has also inspired revisions of the International Patent Classification system, which makes it better adapted to incorporate traditional medical knowledge. On the other hand, critical research on traditional knowledge documentation argues that traditional knowledge databases, like the TKDL, can decontextualize the knowledge they catalogue and dispossess its original owners. The TKDL, however, also fits into a national, Indian agenda of documenting and modernizing traditional medicine that predates the formation of the TKDL by several decades and challenges the dichotomy between traditional and scientific knowledge systems that originally motivated the formation of the TKDL. (shrink)

Deep Learning has been widely used for tackling challenging natural language processing tasks over the recent years. Similarly, the application of Deep Neural Networks in legal analytics has increased significantly. In this survey, we study the early adaptation of Deep Learning in legal analytics focusing on three main fields; text classification, information extraction, and information retrieval. We focus on the semantic feature representations, a key instrument for the successful application of deep learning in natural language processing. Additionally, (...) we share pre-trained legal word embeddings using the word2vec model over large corpora, comprised legislations from UK, EU, Canada, Australia, USA, and Japan among others. (shrink)

Arguments from analogy are pervasive in everyday reasoning, mathematics, philosophy, and science. Informal logic studies everyday argumentation in ordinary language. A branch of fuzzy logic, approximate reasoning, seeks to model facets of everyday reasoning with vague concepts in ill-defined situations. Ways of combining the results from these fields will be suggested by introducing a new argumentation scheme—a fuzzy analogical argument from classification—with the associated critical questions. This will be motivated by a case study of analogical reasoning in the virtual (...) friendship debate within information ethics. The virtual friendship debate is a disagreement over whether virtual friendships are genuine friendships. It will be argued that the debate could move away from its current impasse, caused by unproductive metaphysical and logical assumptions, if extant arguments are reinterpreted as fuzzy analogical arguments from classification, and subjected to a new set of critical questions which would replace the quest for facts of essence about friendship with an emphasis on empirical data, persuasion, and definitional power. (shrink)

This article examines three divergent constructions about the salience of legal gender in lay people’s everyday lives and readiness to decertify gender. In our interviews (and survey data), generally participants minimised the importance of legal gender. The central argument in this article is that feminist socio-legal scholars applying legal consciousness studies to legal reform topics should find scrutinizing the construction of interview talk useful. We illustrate this argument by adapting and applying Ewick and Silbey’s (1998) (...) ‘The Common Place of Law: Stories from Everyday Life', ‘before’, ‘with’ and ‘against’ typology to interview talk about legal gender, and critique their cognitivist approach by offering a constructionist alternative. In our analysis, we offer a detailed discursive explication of three key legal consciousness themes. These themes offer a balanced representation of a dataset problematically ‘skewed’ towards sex-based rights feminist perspectives, namely that ‘before’ legal gender is an anti-decertification account, decertification would be risky for natal females; a ‘with’ legal gender construction is neither for nor against decertification per se, though the impact of decertification is produced in accounts as limited and unimportant; and ‘against’ legal gender is a pro-decertification classification, as not abolished legal gender is constructed as harmful to already marginalised groups. In concluding, we explore the reasoning for the lack of readiness for decertification currently, and return to the value of examining the construction of lay discourse about legal matters as talk is a form of social action. We suggest that applying discursive analysis to themes in legal consciousness studies enables a refocusing on the how rather than purely the what of divergent legal consciousnesses, and that this approach is a fruitful addition to feminist socio-legal studies. (shrink)

Nineteenth-century references to the syllogism by J. S. Mill and Oliver Wendell Holmes Jr. reveal a distinct approach to the logic of inference in the formative years of pragmatism. In the latter may be found an element of the emergence of generals from particulars. Fallibilism in law and science reflects their social dimension as part of the communal ordering of experience. This implies a distinct approach to uncertainty, as experience yet to be integrated within a developing system of classification.

This chapter notes the complex and unsatisfying efforts to distinguish between punishment and regulation, and reframes the discussion of punishment and regulation by labeling the former law and the latter police. Doing so relocates this classification in a particular historical genealogy. Reconceptualizing the terms of the discussion suggests that while law operates on the individual, the object of police regulation tends to be collective. One of the distinctions frequently invoked as crucial to the difference between punishment and regulation is (...) the difference between private and public. However, the notion of private law and public regulation relies on an overly simplistic model and history of law. Comparing punishment and regulation is like comparing apples and oranges, because they are two fundamentally different things. Regulation is an empty label unless it is combined with a mode of governance. That mode of governance, which parallels and complements law, is the concept of police. Police and law are contemporary manifestations of the ancient Greek distinction between household governance and public governance. (shrink)

By emphasising the intentions underlying suicidal behaviour, suicidal death is distinguished from accidental death in standard philosophical accounts on the nature of suicide. A crucial third class of self-produced deaths, deaths in which agents act neither intentionally nor accidentally to produce their own deaths, is left out by such accounts. Based on findings from psychiatry, many life-threatening behaviours, if and when they lead to the agent’s death, are suggested to be neither intentional nor accidental, with many apparently suicidal behaviours being (...) of this sort, especially the so-called “cries for help”. This category may be usefully analogised to the existing legal category of manslaughter. (shrink)

At the UN, important projects laying down transnational corporations' (TNCs) human rights responsibilities have been launched without ever clarifying the relevant theoretical foundations. One of the consequences is that the human rights principles in projects like the 2000 UN Global Compact and the 2003 Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights can be understood in different ways, which should not cause surprise given that their authors come from diverse backgrounds, including economics (...) and public policy. An examination of these projects and the views of their authors reveals that, although they are superficially linked to international human rights law, they go well beyond it and attempt to deal with corporate social responsibility issues in ways that elude neat classification as fitting neatly in either legal or non-legal categories. Too little attention has been paid to how in the course of developing these projects the legal and ethical dimensions have become entwined and how lines have gotten blurred. Meanwhile, there has been recognition that these UN projects have emerged simply as ad hoc responses to practical concerns about the sustainability of globalization. The lack of any foundational theory or normative framework should be addressed; it is time to bring together specialists from different fields concerned with the human rights responsibilities of corporations to see if it is possible to define a coherent overarching theory for these UN projects. (shrink)

The aim of the paper is to examine the nature of moral and legal norms in a broader context: first, taking into account logical and methodological assumptions, second, in the perspective of psychology of emotions and legal policy. The basic subject of the research carried out by Leon Petrażycki was represented by law. Originally, it had a psychological character, not an objective, eternal, and unchanging one. To fully understand the genesis and nature of morality and law, Petrażycki addressed (...) the study of mental phenomena, especially emotional experiences. First, however, he developed appropriate rules of logic and scientific methodology. Then he developed a new classification of mental phenomena, among which the fundamental role is played by bilateral emotions. At some stage, emotions begin to cooperate with cognitive processes, first of all with imaginations. Imaginations of acts, such as theft, betrayal, murder, can cause repulsive emotions, and type imaginations, such as truthfulness, charity, justice can evoke apulsive emotions. On the basis of such associations, judgments are created over time, the content of which becomes a basis for fundamental rules of conduct, that is, for norms. There are two fundamentally different types of norms: moral norms and legal norms. The norms of the first type are imperative and represent the nature of validity, while the norms of the second type are imperative-attributive and they also always entitle someone to something, i.e. they give someone a right. This division determines a fundamental difference between morality and law. (shrink)

The allocation of scarce medical treatments, such as antivirals and antibody therapies for COVID-19 patients, has important legal dimensions. This Essay examines a currently debated issue: how will courts view the consideration of characteristics shielded by equal protection law, such as race, sex, age, health, and even vaccination status, in allocation? Part II explains the application of strict scrutiny to allocation criteria that consider individual race, which have been recently debated, and concludes that such criteria are unlikely to succeed (...) under present Supreme Court precedent. Part III analyzes the use of sex-based therapy allocation criteria, which are also in current use, and argues that they also face substantial legal obstacles, despite only being subject to intermediate scrutiny. Parts IV and V examine the use of age and health status in allocation. Part VI discusses how the nascent law on “vaccination status” discrimination might apply to therapy allocation. (shrink)

Case-based reasoning has played an important role in legal reasoning systems. As one criteria for similarity of cases, temporal relationsamong affairs in legal cases should be compared. Thus far in many legalreasoning systems, cases have been described as sequences of pointwiseevents, or at best, simple time intervals, and they have been related bypredicates such as before, after, while,and so on. However, such relations may depend on each implementer'spersonal view, and also require much labor to write down by hand. (...) In this paper, we first propose a classification of affair types by their temporal features, and according to those types, we propose several assumption rules that prescribe the temporal relations between affair types. The temporal relations are automatically generated by these rules. Thereafter, we discuss how thesetemporal relations work in the comparison of similarity of cases. Inthe process of comparison, inadequate temporal relations need to beamended. For this purpose, we introduce revision rules, that refute theresults of assumption rules. (shrink)

A formal language is introduced that contains expressions for the dependency of a legal relation on the claims that the concerned individuals make and on the permissions that they grant. It is used for a classification of legal relations into six major categories: categorical obligation, categorical permission, claimable obligation, grantable permission, claim-dependent obligation and grant-dependent permission. Legal rights may belong to any of these six categories, but the characteristics of a right-holder are shown to be different (...) in each of the six types. (shrink)