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Logical Jurisprudence by Hajime Yoshino 2007 11 chello.at Visualization of Legal Theory.

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Presentation on theme: "Logical Jurisprudence by Hajime Yoshino 2007 11 chello.at Visualization of Legal Theory."— Presentation transcript:

1 Logical Jurisprudence by Hajime Yoshino 2007 11 25Lachmayer @ chello.at Visualization of Legal Theory

2 Hajime Yoshino’s L ogical Jurisprudence Visualisation by Friedrich Lachmayer 3 rd July 2007 KEIO University, Tokyo

3 The Structure of Legal System - in Terms of Logical Jurisprudence 2007/02/22 IRIS 2007, Salzburg, Austria by Hajime Yoshino Meiji Gakuin University based on:

4 Logical Structure of Change of Legal Relation and its Representation in Legal Knowledge Base System June 4 – 8, 2007, Stanford, California 11th International Conference on Artificial Intelligence and Law by Hajime Yoshino Meiji Gakuin University based on:

5 Metalevel Scientific Audience JurisprudenceState, Law Stage of Rights and Duties

6 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties Law Deduction Natural Law Principles Pufendorf

7 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties indiv. Judgements International Law Private Treaties Customary Law Legal Awareness Traditional Legal Concepts Constitution Legal Hierarchy

8 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties Legal Philosophy Traditional Juridical Concepts Legal Dogmatics Legal Sociology

9 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties Constitution Basic Norm Kelsen Legal Hierarchy indiv. Judgements

10 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties Scientific Logical Sentences Logic Yoshino

11 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties Scientific Logical Sentences Logic Kelsen Yoshino 1. Scientific Evolution

12 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties Computer Expert Systems Logic Yoshino Scientific Logical Sentences 2. new Technical Perspectives

13 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties Introduction Computer Expert Systems Logic Yoshino Scientific Logical Sentences Applications

14 Logical Jurisprudence LJ

15 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties whole Legal System Logical Jurisprudence try to analyze and explain

16 Three Primitives LJ

17 LJ try to analyze and explain the whole legal system using minimum elements LJ

18 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties three Primitives: S Sentence V Validity IR Inference Rule Modus Ponens

19 (1) “sentence” LJ consider that norm as a meaning does not exist. LJ starts from sentences. (2) “validity” of sentence legal validity as legal truth “is_valid(sentence1, goal1,time1)” (3) “inference rule” Modus Ponens: （（ A ⇒Ｂ）＆Ａ） ⇒Ｂ LJ starts form three primitives: LJ

20 Legal Sentences LJ

21 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties LN – Legal Norm LS – Legal Sentence LJ starts not from Legal Norms but from Legal Sentences.

22 Three Types of Legal Sentences LJ

23 LRS Legal Rule Sentence describes Legal Rules

24 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties LR Legal Rule LRS Legal Rule-Sentence

25 LFS Legal Fact Sentence describes Legal Facts

26 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties LF Legal Fact LFS Legal Fact Sentence

27 LOS Legal Object Sentence describes Legal Objects, especially Obligations

28 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties Legal Role LO Legal Object Obligation Legal Role LOS Legal Object Sentence

29 LMS Legal Meta Sentence describes about the validity of legal sentences

30 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties LS Legal Sentence validity describes LMS Legal Meta Sentence

31 ELS Elementary Legal Sentence is the smallest unit of legal sentences. “One must drive a car under 100 km /hour on a highway”

32 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties ELS smallest unit of Legal Sentences

33 Structure of Connection of Legal Sentences LS (1) “And” Structure of the Connection (2) Connection in Complex Sentence (3) Connection of LOS with LMS (4) Connection of LMS with LMS

34 “And” structure of the connection of LS Structure of Connection of LS: (1) LS

35 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties a group of LS which has an unique name LS AND

36 Connection in Complex Sentence Structure of Connection of LS: (2) LS

37 CLS Complex Legal Sentence includes Legal Sentences

38 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties CLS a group of LS which has an unique name LS

39 Connection of LOS with LMS Structure of Connection of LS: (3) LS

40 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties LS Legal Sentence validity LMS Legal Meta Sentence

41 Legal Inference LJ LS

42 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties Legal Rules Legal Facts

43 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties LRS LFS Legal Rules Legal Facts represented by

44 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties IR Inference Rule Modus Ponens LRS proofed validity LFS Legal Rules Legal Facts LOS represented by

45 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties Legal Object Legal State of Affair IR Inference Rule Modus Ponens LRS proofed validity LFS Legal Rules Legal Facts LOS represented by

46 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties Legal Object Legal State of Affair IR Inference Rule Modus Ponens LRS proofed validity LFS Legal Rules Legal Facts LOS represented by Computer Expert Systems Logic

47 Time-Structure of Legal Objects LJ

48 The existence of obligation and the validity of legal object sentence t0 t1 t2 t3 event1 T Obligation X exists “X is obligatory” is valid There is no obligation No legal object sentence Is valid There is no obligation No Legal object sentence is valid Legal Object sentence Legal meta sentence Obligation X turns up Obligation X is expired “X is obligatory” becomes valid “X id obligatory” is terminated X is obli- gatory “X is ob- ligatory” is valid event2events time

49 Formalization of connection of LOS with LMS For example: “‘It is obligatory for Anzai that Anzai deliver the goods to Bernard’ is valid at time 15.04.” is formalized as follow: S1: is_obligatory(‘Anzai’,deliver(‘Anzai’,’Bernard’,goods)). S2: is_valid(s1,t04_15). It is to be noted here that the object sentence is formalized as an entity which has it unique name. Anzai’s obligation to deliver the goods to Bernard turns up at time 04_09 ” means “It is obligatory for Anzai that Anzai deliver the goods to Bernard’ becomes valid,” which is formalized: S2: become_valid(s1,t04_09). Anzai’s obligation to deliver the goods to Bernard is expired at time 05_01 means “It is obligatory for Anzai that Anzai deliver the goods to Bernard’ is terminated at t05_01,” which is formalized: S2: is_terminated(s1,t05_01).

50 Formalization of a change of legal relation t0 t1 t2 t3 event1 T Obligation X exists “X is obligatory” is valid There is no obligation No legal object sentence Is valid There is no obligation No Legal object sentence is valid LOS s1 LMS s2, s3, s4 Obligation X turns up Obligation X is expired “X is obligatory” becomes valid “X is obligatory” is terminated X is obli- gatory “X is ob- ligatory” is valid event2events time LMS s2, s3, s4

51 Legal State of Affairs are represented with legal object sentences whose validity are proved. The legal meta sentences which describe the validity of object sentences are to be proved through legal reasoning. The whole legal object sentences, the validity of which are proved, represent the whole legal obligations. The legal reasoning to decide the validity of legal sentences is called legal meta inference, because it infer the validity “about” legal sentences. In legal meta inference, legal meta rule sentences are to be applied. What is legal meta rules sentences which decide the validity of legal sentences?

52 Formalization of decision that a LS is valid t0 t1 t2 t3 event1 T The legal sentence is not valid The Legal sentence is not valid LMS s2, s3, s4 “S” becomes valid “S” is terminated “S” is valid event2events time Fundamental LMS ‘0’

53 Connection of LMS with LMS Structure of Connection of LS: (4) LS

54 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties LMS Legal Meta Sentence LRS Legal Rule Sentence LMS Legal Meta Sentence

55 FLMRS Fundamental Legal Meta Rule Sentence

56 Fundamental legal meta rule sentence - FLMRS This is a fundamental legal meta rule sentence implicitly taken for granted all regulations. All other (positive) legal rule sentences regulate the fulfillment of the first requirement (S becomes valid) or the second requirement (S is terminated) of this rule. A legal sentence S is valid for a goal G at the time T ←→ S becomes valid for G at time T1 before T & not(S is terminated for G after T1 and before T).

57 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties all Regulations FLMRS Fundamental Legal Metarule Sentence MRS Legal Metarule Sentence LRS Legal Rule Sentence

58 BLRS Basic Legal Rule Sentence  Validity of the final highest legal meta sentence

59 Final founding the validity LS law through Basic Legal Rule Sentence BLRS The validity of the final, highest legal meta sentence, whose validity can not be deduce through the application of legal meta rule sentences, is called the basic legal meta rule sentence (BLRS). The validity of the basic legal meta rule sentence is to be presupposed, namely asserted as a fact sentence.

60 Metalevel State, Law Scientific Audience LJ - Logical Jurisprudence Stage of Rights and Duties BLRS Basic Legal Rule Sentence MRS Legal Metarule Sentence LRS Legal Rule Sentence FLMRS Fundamental Legal Metarule Sentence

61 Comparison of the results of LJ with PL

62 State, Law Computer-Application LJ - Logical JurisprudencePL- Pure Theory KelsenYoshino „School“Stage of Rights and Duties Comparison of the results of LJ with PL

63 KelsenYoshino Basic LRS Fundamental LMRS Basic Norm similar solutions at the top of the system State, Law Computer-Application LJ - Logical JurisprudencePL- Pure Theory „School“Stage of Rights and Duties

64 KelsenYoshino Legal Norm Legal Sentence LMS Norm as a special Meaning differentiation of juridical sentences LRSLOSLFS Formal LogicTextuality State, Law Computer-Application LJ - Logical JurisprudencePL- Pure Theory „School“Stage of Rights and Duties

65 KelsenYoshino LJ  Modelling Legal Cases LO LMSLRSLOSLFS Formal LogicTextuality State, Law Computer-Application LJ - Logical JurisprudencePL- Pure Theory „School“Stage of Rights and Duties

66 Yoshino LMSLRSLOSLFS Formal Logic Computer Expert Systems LO State, Law Computer-Application LJ - Logical Jurisprudence Stage of Rights and Duties

67 Yoshino Formal Logic Computer Expert Systems LO LMSLRSLOSLFS further supplement of LJ:  Legal Ontologies State, Law Computer-Application LJ - Logical Jurisprudence Stage of Rights and Duties

68 This lecture is dedicated to the memory of

69 the famous Estonian Legal Philosopher

70 Thank you for your Attention!

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