aligning law and action

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Aligning Law and Action a conceptual and computational inquiry Giovanni Sileno Leibniz Center for Law – Faculty of Law University of Amsterdam Ph.D. Thesis Defense – 8 December 2016

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Page 1: Aligning Law and Action

Aligning Law and Actiona conceptual and computational inquiry

Giovanni Sileno

Leibniz Center for Law – Faculty of LawUniversity of Amsterdam

Ph.D. Thesis Defense – 8 December 2016

Page 2: Aligning Law and Action

Problem context

● Fast pace of innovation

– Technological– Social

● Integration

– Economic– Institutional

Page 3: Aligning Law and Action

Problem context, consequences

In practice, the same expectations we have towards an ATM..

an engineering problem?

→ Increased expectations towards administrative organizations:

● efficiency, in terms of resources spent,● efficacy, in terms of impact,● agility, in terms of:

– rapidity of response (responsiveness)

Page 4: Aligning Law and Action

Problem context, consequences→ Increased expectations towards

administrative organizations:● efficiency, in terms of resources spent,● efficacy, in terms of impact,● agility, in terms of:

– rapidity of response to failures (responsiveness)– easiness of adaptation (adaptability)

Page 5: Aligning Law and Action

Initial research question

● How to establish a constructive computational legal theory which supports administrative organizations in achieving better responsiveness and adaptability?

Page 6: Aligning Law and Action

sourcesof law

socialsystem

services

What the law states..

How people behave..

How public administrations implements the law..

are three matters only loosely coupled

Three frictioning “realities”

Page 7: Aligning Law and Action

Three representational domains

sourcesof law

socialsystem

services

stories,experiences

legal norms

businessprocess models

legal cases

Page 8: Aligning Law and Action

Three representational domains

sourcesof law

socialsystem

services

stories,experiences

businessprocess models

frictions identified by alignment checking

legal caseslegal norms

Page 9: Aligning Law and Action

Common representational ground?

sourcesof law

socialsystem

services

stories,experiences

businessprocess models

?legal caseslegal norms

Page 10: Aligning Law and Action

sourcesof law

socialsystem

services

stories,experiences

businessprocess models

intentional characterizationsof situated actions

specificationsof actions

legal norms

institutional characterizationsof abstract or situated actions

common ground:actions.. roles!

legal cases

Page 11: Aligning Law and Action

sourcesof law

socialsystem

services

stories,experiences

businessprocess models

legal cases

legal norms agent-rolemodels

narrative roles

institutional roles

operational roles

functional roles

social roles

Page 12: Aligning Law and Action

sourcesof law

services

socialsystem

stories,experiences

businessprocess models

legal cases

legal norms agent-rolemodels

narrative roles

institutional roles

operational roles

functional roles

social roles

agent-role: abstraction of individualscoordination of roles

agent-rolemodels

Page 13: Aligning Law and Action

What's in an agent-role model?

Page 14: Aligning Law and Action

Normative positions

Page 15: Aligning Law and Action

Institutional positions

● In a formal institution, each actor is bound to other actors according to certain legal relationships, associated to legal positions.

● Hohfeld [1917] introduced a visual organization of fundamental legal positions encountered in adjudications.

Page 16: Aligning Law and Action

First Hohfeldian square

CLAIMRIGHT DUTY

correlative

opposite opposite

NO-CLAIMNO-RIGHT

PRIVILEGELIBERTYNO-DUTY

beneficiary perspective addressee perspective

W. N. Hohfeld. Fundamental legal conceptions as applied in judicial reasoning. The Yale Law Journal, 1917.

Page 17: Aligning Law and Action

Second Hohfeldian square

POWERABILITY

LIABILITYSUBJECTION

correlative

opposite opposite

DISABILITY IMMUNITY

performer perspective recipient perspective

Lindhal's formal analysis (1977) showed that liberty and immunity relationships are asymmetrical in the framework

Page 18: Aligning Law and Action

Similar asymmetries

These asymmetries can be explained by referring to the standard axioms of deontic logic, here represented on a portion of the Aristotelian square.

imp l ie snegates

Page 19: Aligning Law and Action

A E

I O

ALL

SOME

NONE

SOMENOT

? ????

? ????

contrary

impliesimplies

The (existential) Aristotelian Square

Page 20: Aligning Law and Action
Page 21: Aligning Law and Action

A E

I O

ALL NONE

SOMENOT

SOME

Y

UALL or NONE

SOME and SOME NOT “≡ SOME”

Page 22: Aligning Law and Action

A E

I O

ALL NONE

SOMENOT

SOMEY

UALL or NONE

SOME and SOME NOT “≡ SOME”

Page 23: Aligning Law and Action

A E

Y

forb A+ -obl A

“perm” A = faculty A

0

Deontic triangle of contrariety

positive polarity negative polarity

no polarity

Page 24: Aligning Law and Action

DUTYCLAIM

NO-CLAIM LIBERTY

beneficiary perspective addressee perspective

Page 25: Aligning Law and Action

NO-CLAIM LIBERTY

DUTYCLAIM

beneficiary perspective addressee perspective

Page 26: Aligning Law and Action

DUTYCLAIM

NO-CLAIM LIBERTY

beneficiary perspective addressee perspective

Page 27: Aligning Law and Action

AE

Y

forb

“perm” = faculty

DUTYCLAIM

NO-CLAIMLIBERTY

beneficiary perspective addressee perspective

+-obl

Page 28: Aligning Law and Action

AE

Y

forb

obl

“perm” = faculty

DUTYCLAIM

NO-CLAIMLIBERTY

beneficiary perspective addressee perspective

+-right to

protection against

right to performance

First Hohfeldian Prism

Page 29: Aligning Law and Action

LIABILITYPOWER

DISABILITY IMMUNITY

performer perspective recipient perspective

Page 30: Aligning Law and Action

POWER

DISABILITY

performer perspective

LIABILITY

IMMUNITY

recipient perspective

Page 31: Aligning Law and Action

DISABILITY

performer perspective

IMMUNITY

recipient perspective

LIABILITYPOWER

Page 32: Aligning Law and Action

E

Y“perm”, faculty to follow along

+--LIABILITYPOWER

DISABILITYIMMUNITY

forb to follow along

obl to follow along

performer perspective recipient perspective

+A

Second Hohfeldian Prism

(positive)power

negativepower ?

Page 33: Aligning Law and Action

The Dutch Declaration of Independence Act of Abjuration (1581)

Negative liability – confirmation

“Know all men by these presents [..] we have unanimously and deliberately declared [..] that the King of Spain has forfeited, ipso jure, all hereditary right to the sovereignty of those countries, and are determined from henceforward not to acknowledge his sovereignty or jurisdiction [..], nor suffer others to do it.”

Page 34: Aligning Law and Action

Agentive positions

Page 35: Aligning Law and Action

From institutional to agentive● intuition: correlativeness of legal relationships holding

between two parties can be put in relation with the correlativeness of the agent with his own environment

investigating a kind of “contract for living”

Page 36: Aligning Law and Action

Why is this important?

● It provides a richer expressivity than usual intentional models.

● It shows is a deep connection between practical reasoning and normative reasoning categories:

Law is embedded with a theory of mind.

Page 37: Aligning Law and Action

Cognitive grounding

→ Mapping of general reasoning questions:

● From commitment to action

– What is to be done?● From commitment to monitoring

– What is to be paid attention to?

Page 38: Aligning Law and Action

“It is obligatory to finish the thesis in four years.”

“It is forbidden that four years are spent without finishing the thesis.”

Are they the same?

Page 39: Aligning Law and Action

“It is obligatory to finish the thesis in four years.” ~ obl(thesis ¬4ypassed)∨

“It is forbidden that four years are spent without finishing the thesis.”~ forb(¬thesis 4ypassed)∧

obl(A) forb(¬A)↔

Deontic logic would say yes.

Page 40: Aligning Law and Action

“It is obligatory to finish the thesis in four years.”

“It is forbidden that four years are spent without finishing the thesis.”

But in principle they activate different patterns (ACQUIRE vs PREVENT)

→ different susceptibilities!

Page 41: Aligning Law and Action

Returning on agility

Page 42: Aligning Law and Action

services

agent-rolemodels

sourcesof law

socialsystem

stories,experiences

businessprocess models

legal cases

punctualcases of non-compliancewrong service execution

adaptivenormative changesocial change

Looking for frictions...

legal norms

Page 43: Aligning Law and Action

Service model

Checking alignment between modelsNormative model

are they “compatible”?

(after execution: yes!)

Page 44: Aligning Law and Action

Service model

Checking alignment between models

are they “compatible”?

Normative model

(after execution: yes!) → alternative interpretations can be accountedNOTE: normative model issued after interpretation

Deciding the final interpretation is a matter of justification, and then argumentation...

Page 45: Aligning Law and Action

Service model

Checking alignment between models

are they “compatible”?

Normative model

(after execution: yes!) → alternative interpretations can be accountedNOTE: normative model issued after interpretation

Deciding the final interpretation is a matter of justification, and then argumentation...

Page 46: Aligning Law and Action

Conclusion

Page 47: Aligning Law and Action

Outlining the kernel of agency● The core problem – of normative, epistemic and

ontological frictions – is more general than the legal domain, and it is related to the different modalities we attribute to reality.

collectiveindividual

physical

Page 48: Aligning Law and Action

● Importance of acknowledging the deep interaction of normative concepts with practical reasoning,

● Necessity of mapping constructivist and pluralistic approaches in technological terms

– incremental acquisition of relevant cases– maintenance of alternative interpretations

Key points

Page 49: Aligning Law and Action

requiresguidance ≠ control

more knowledgeless data