This special issue on Logic and Law consists of four research papers and one interview focusing on epistemological reflections on relationships between logic and law, whether in a reductionist or ...complementary approach. Logic aims to elucidate through formal frameworks, yet it often grapples with the intricate nuances of everyday legal discourse. While law endeavors to delineate permissible conduct within defined jurisdictions, it often encounters challenges stemming from the ambiguity of terms, leading to frequent judicial interpretations and the perception that proliferating exceptions undermines the efficacy of the rule itself.
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IZUM, KILJ, NUK, PILJ, PNG, SAZU, UL, UM, UPUK
Cryptocurrency forensics have become standard tools for law enforcement. Their basic idea is to deanonymise cryptocurrency transactions to identify the people behind them. Cryptocurrency ...deanonymisation techniques are often based on premises that largely remain implicit, especially in legal practice. On the one hand, this implicitness complicates investigations. On the other hand, it can have far-reaching consequences for the rights of those affected. Argumentation schemes could remedy this untenable situation by rendering the underlying premises more transparent. Additionally, they can aid in critically evaluating the probative value of any results obtained by cryptocurrency deanonymisation techniques. In the argumentation theory and AI community, argumentation schemes are influential as they state the implicit premises for different types of arguments. Through their critical questions, they aid the argumentation participants in critically evaluating arguments. We specialise the notion of argumentation schemes to legal reasoning about cryptocurrency deanonymisation. Furthermore, we demonstrate the applicability of the resulting schemes through an exemplary real-world case. Ultimately, we envision that using our schemes in legal practice can solidify the evidential value of blockchain investigations, as well as uncover and help to address uncertainty in the underlying premises—thus contributing to protecting the rights of those affected by cryptocurrency forensics.
This study is an exploration of bachelor-level law students' descriptions of legal reasoning in a large multidisciplinary university in Finland. Thirty students participated in this qualitative ...study. The participants comprised three student groups: first-year students (n = 10), second-year students (n = 10) and third-year students (n = 10). The data were first collected via semi-structured interviews and then analysed by using qualitative content analysis. The results revealed variation in students' descriptions of legal reasoning. Most shared the view that legal reasoning comprised legal knowledge. However, some students emphasised the view that legal reasoning includes both skills and a certain mindset to use legal knowledge. The students' descriptions of legal reasoning varied between the student groups. The third-year students were more often able to provide detailed and coherent perceptions of their legal reasoning than the first- and second-year students. The conceptions bear consequences for the learning processes. Thus, the results imply that the development of legal reasoning needs to be facilitated systematically during university studies.
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BFBNIB, NUK, PILJ, SAZU, UL, UM, UPUK
In this paper we report on a significant research project undertaken to design, implement and evaluate explainable decision-support tools for deciding legal cases. We provide a model of a legal ...domain, Article 6 of the European Convention on Human Rights, constructed using a methodology from the field of computational models of argument. We describe how the formal model has been developed, extended and transformed into practical tools, which were then used in evaluation exercises to determine the effectiveness and usability of the tools. The underpinning AI techniques used yield a level of explanation that is firmly grounded in legal reasoning and is also digestible by the target end users, as demonstrated through our evaluation activities. The results of our experimental evaluation show that on the first pass, our tool achieved an accuracy rate of 97% in matching the actual decisions of the cases and the user studies conducted gave highly encouraging results with respect to usability. As such, our project demonstrates how trustworthy AI tools can be built for a real world legal domain where critical needs of the end users are accounted for.
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GEOZS, IJS, IMTLJ, KILJ, KISLJ, NLZOH, NUK, OILJ, PNG, SAZU, SBCE, SBJE, UILJ, UL, UM, UPCLJ, UPUK, ZAGLJ, ZRSKP
This article intended to identify the development of maqasid shariah theory and discourse in various published articles from various databases courses. By applying a systematic approach to a ...literature review, this article identifies the development of themes related to maqasid shariah. This approach is applied to fifty-three article in varied data source like ProQuest, Google Scholars, Scopus database and IRTI-IDB Proceeding. From the maqasid shariah index to maqasid shariah as a legal framework in contemporary fiqh discourse, even fatwa’s by various religious institutions such as the MUI. Nevertheless, the development of maqasid shariah as an analytical framework and paradigm has changed, from a values-based and juridical basis to social indicators.
Replaying the Past Emily Kidd White
Oñati socio-legal series,
05/2024, Volume:
9, Issue:
5
Journal Article
Peer reviewed
Open access
Legal reasoning in the common law tradition requires judges to draw on concepts, and examples that are meant to resonate with a particular emotional import and operate in judicial reasoning as though ...they do. Judicial applications of constitutional rights are regularly interpreted by reference to past violations (either through precedent, contextual framings, and/or legislative history), which in turn elicit a series of emotions which work to deepen and intensify judicial understandings of a right guarantee (freedom of association, freedom of expression, equality, security of the person, etc.). This paper examines the way in which invocations of past political histories, and rights abuses (however ill or well-defined), work to conjure up a set of service emotions (emotions which work to establish a particular frame of mind), which guide judicial applications of doctrine in cases concerning an alleged violation of a constitutional right.
This article aims to look at the current reality, which is marked by the proliferation of post-truth phenomena in the community, marking the many developments in the views and perspectives of each ...individual who considers something as an absolute truth by shifting the existence of facts, data. , and reality. This is the reality of challenges in the current era, so that in responding to the challenges posed by the post-truth era, scientific frameworks, including law as one of the main components that interact directly with society must try to avoid the formation of analyzes that lead to absolute truth. This article is the result of legal research using secondary legal materials. The results show that, critical constructivism as a method of reasoning that determines the process of legal reasoning, is able to prove its never-ending thought process by placing a gap between materialism and idealism, and its epistemological aspects provide a simultaneous relationship between empiricism and rationalism. The results of legal interpretation through the pattern of critical constructivism will continue to be criticized as long as the results of the interpretation cannot show the truth, this process will obtain an analysis result that will never lead to the absolute truth inherent in post-truth. world.
Abstract
Much scholarship on customary international law has examined the merits of induction, deduction, and assertion as approaches to custom identification. Save for where international tribunals ...identify custom by assertion, writers have viewed custom identification that does not rely on evidence of State practice and
opinio juris
as an example of deductive reasoning. However, writers have stated that, at best, deduction is reasoning from the general to the particular. This article draws on legal philosophy to define the contours of deductive reasoning and argues that pure deduction, namely deduction not combined with other forms of reasoning, is an unsound approach to custom identification. This argument is tested by reference to cases of custom identification by the International Court of Justice, categorised according to three types of deduction: normative, functional, and analogical. This article also explores the authority and utility of custom identification by pure deduction and its impact on content determination.
This article reviews legal applications of logic, with a particularly marked concern for logical models of legal argument. We argue that the law is a rich test bed and important application field for ...logic-based AI research. First applications of logic to the representation of legal regulations are reviewed, where the main emphasis is on representation and where the legal conclusions follow from that representation as a matter of deduction. This includes the representation of deontic concepts, normative positions, legal ontologies, time and change. Then legal applications of logic are reviewed where legal rules are not just applied but are the object of reasoning and discourse. This includes arguing about applying statutory rules in unforeseen circumstances, interpretative reasoning in light of the facts of a case, and evidential reasoning to establish the facts of a case. This part of the review has special emphasis on argumentation-based approaches. This also holds for the final part, which discusses formal models of legal procedure and of multi-agent interaction in legal proceedings. The review concludes with identifying some of the main open research problems. The review shows that modern legal applications of logic confirm the recent trend of widening the scope of logic from deduction to information flow, argumentation and interaction.
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GEOZS, IJS, IMTLJ, KILJ, KISLJ, NLZOH, NUK, OILJ, PNG, SAZU, SBCE, SBJE, UILJ, UL, UM, UPCLJ, UPUK, ZAGLJ, ZRSKP
Past research showed that the ability to focus on one's internal states (e.g., interoceptive ability) positively correlates with the self-regulation of behavior in situations that are accompanied by ...somatic and/or physiological changes, such as emotions, physical workload, and decision-making. The analysis of moral oriented decision-making can be the first step for better understanding the legal reasoning carried on by the main players in the field, as lawyers are. For this reason, this study investigated the influence of the decision context and interoceptive manipulation on the moral decision-making process in the legal field gathering the responses of two groups of lawyers. A total of 20 lawyers were randomly divided into an experimental group (EXP), which was explicitly required to focus the attention on its interoceptive correlates, and a control group (CON), which only received the general instruction to perform the task. Both groups underwent a modified version of the Ultimatum Game (UG), where are presented three different moral conditions (professional, company, and social) and three different offers (fair, unfair, and equal). Results highlighted a significant increase of Acceptance Rate (AR) in those offers that should be considered more equal than fair or unfair ones, associated with a general increase of Reaction Times (RTs) in the equal offers. Furthermore, the interoceptive manipulation oriented the Lawyers toward a more self-centered decision. This study shows how individual, situational, contextual, and interoceptive factors may influence the moral decision-making of lawyers. Future research in the so-called Neurolaw field is needed to replicate and expand current findings.
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