Normative-informational positions: a modal-logical approach

This paper is a preliminary investigation into the application of the formal-logical theory of normative positions to the characterisation of normative-informational positions , pertaining to rules that are meant to regulate the supply of information. First, we present the proposed framework. Next,...

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Bibliographic Details
Published in:Artificial intelligence and law 2008-03, Vol.16 (1), p.7-23
Main Authors: Jones, Andrew J. I., Parent, Xavier
Format: Article
Language:English
Subjects:
Artificial Intelligence
Computer Science
Information
Information communication
Information Storage and Retrieval
Intellectual Property
IT Law
Law
Legal Aspects of Computing
Logic
Media Law
Norms
Original Paper
Philosophy of Law
Regulation
Studies
Theories
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Summary:This paper is a preliminary investigation into the application of the formal-logical theory of normative positions to the characterisation of normative-informational positions , pertaining to rules that are meant to regulate the supply of information. First, we present the proposed framework. Next, we identify the kinds of nuances and distinctions that can be articulated in such a logical framework. Finally, we show how such nuances can arise in specific regulations. Reference is made to Data Protection Law and Contract Law, among others. The proposed approach is articulated around two essential steps. The first involves identifying the set of possible interpretations that can be given to a particular norm. This is done by using formal methods. The second involves picking out one of these interpretations as the most likely one. This second step can be resolved only by using further information (e.g., the context or other parts of the regulation).
ISSN:0924-8463
1572-8382
DOI:10.1007/s10506-007-9045-1