{"title":"动态法律解释的逻辑架构","authors":"Juliano Maranhão","doi":"10.1145/3086512.3086525","DOIUrl":null,"url":null,"abstract":"The paper proposes a logical framework (based on input/output logics) for the representation of legal interpretation. It conceives interpretation by legal scholarship or judicial doctrine as a dynamic of theory change, where rules, values and meaning ascriptions are related and revised in order to reach a coherent explanation of the legal order. The logical architecture modularly combines three output relations, one for sets of regulatory rules, the other for sets of axiological rules (values) and another for sets of meaning ascriptions. Different revision operators are defined for these sets and the model aims to show that legal interpretation is a question of reaching a stability condition in this system by alternative applications of revision operators. The working of the model is illustrated by an example taken from recent Brazilian jurisprudence involving theoretical disagreement within the Supreme Court.","PeriodicalId":425187,"journal":{"name":"Proceedings of the 16th edition of the International Conference on Articial Intelligence and Law","volume":"40 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2017-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"8","resultStr":"{\"title\":\"A logical architecture for dynamic legal interpretation\",\"authors\":\"Juliano Maranhão\",\"doi\":\"10.1145/3086512.3086525\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The paper proposes a logical framework (based on input/output logics) for the representation of legal interpretation. It conceives interpretation by legal scholarship or judicial doctrine as a dynamic of theory change, where rules, values and meaning ascriptions are related and revised in order to reach a coherent explanation of the legal order. The logical architecture modularly combines three output relations, one for sets of regulatory rules, the other for sets of axiological rules (values) and another for sets of meaning ascriptions. Different revision operators are defined for these sets and the model aims to show that legal interpretation is a question of reaching a stability condition in this system by alternative applications of revision operators. The working of the model is illustrated by an example taken from recent Brazilian jurisprudence involving theoretical disagreement within the Supreme Court.\",\"PeriodicalId\":425187,\"journal\":{\"name\":\"Proceedings of the 16th edition of the International Conference on Articial Intelligence and Law\",\"volume\":\"40 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2017-06-12\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"8\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Proceedings of the 16th edition of the International Conference on Articial Intelligence and Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1145/3086512.3086525\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Proceedings of the 16th edition of the International Conference on Articial Intelligence and Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1145/3086512.3086525","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
A logical architecture for dynamic legal interpretation
The paper proposes a logical framework (based on input/output logics) for the representation of legal interpretation. It conceives interpretation by legal scholarship or judicial doctrine as a dynamic of theory change, where rules, values and meaning ascriptions are related and revised in order to reach a coherent explanation of the legal order. The logical architecture modularly combines three output relations, one for sets of regulatory rules, the other for sets of axiological rules (values) and another for sets of meaning ascriptions. Different revision operators are defined for these sets and the model aims to show that legal interpretation is a question of reaching a stability condition in this system by alternative applications of revision operators. The working of the model is illustrated by an example taken from recent Brazilian jurisprudence involving theoretical disagreement within the Supreme Court.