Encoding Legal Balancing: Automating an Abstract Ethico-Legal Value Ontology in Preference Logic

06/23/2020
by   Christoph Benzmüller, et al.
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Enabling machines to legal balancing is a non-trivial task challenged by a multitude of factors some of which are addressed and explored in this work. We propose a holistic approach to formal modeling at different abstraction layers supported by a pluralistic framework in which the encoding of an ethico-legal value and upper ontology is developed in combination with the exploration of a formalization logic, with legal domain knowledge and with exemplary use cases until a reflective equilibrium is reached. Our work is enabled by a meta-logical approach to universal logical reasoning and it applies the recently introduced methodology for designing normative theories for ethical and legal reasoning. The particular focus in this paper is on the formalization and encoding of a value ontology suitable e.g. for explaining and resolving legal conflicts in property law (wild animal cases).

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