Cristine Griffo , João Paulo A. Almeida , João A.O. Lima , Tiago Prince Sales , Giancarlo Guizzardi
{"title":"法律权力、臣服、残疾和豁免:本体论分析和建模模式","authors":"Cristine Griffo , João Paulo A. Almeida , João A.O. Lima , Tiago Prince Sales , Giancarlo Guizzardi","doi":"10.1016/j.datak.2023.102219","DOIUrl":null,"url":null,"abstract":"<div><p>The development of dependable information systems in legal contexts requires a precise understanding of the subtleties of the underlying legal phenomena. According to a modern understanding in the philosophy of law, much of these phenomena are relational in nature. In this paper, we employ a theoretically well-grounded legal core ontology (UFO-L) to conduct an ontological analysis focused on fundamental legal relations, namely, the power–subjection and the disability–immunity relations. We show that in certain cases, power–subjection relations are primitive in the sense that by means of institutional acts other legal relations can be generated from them. Examples include relations of rights and duties, permissions and no-rights, liberties, secondary power–subjection, etc. We further show that legal disabilities (and their correlative immunities) are key in constraining the reach of legal powers; together with powers, they form a comprehensive framework for representing the grounds of valid legal acts and to account for the life-cycle of the legal positions that powers create, alter, and possibly extinguish. As a contribution to the practice of conceptual modeling, and leveraging the result of our analysis, we propose conceptual modeling patterns for legal relations, which are then applied to model a real-world case in tax law.</p></div>","PeriodicalId":55184,"journal":{"name":"Data & Knowledge Engineering","volume":"148 ","pages":"Article 102219"},"PeriodicalIF":2.7000,"publicationDate":"2023-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Legal powers, subjections, disabilities, and immunities: Ontological analysis and modeling patterns\",\"authors\":\"Cristine Griffo , João Paulo A. Almeida , João A.O. Lima , Tiago Prince Sales , Giancarlo Guizzardi\",\"doi\":\"10.1016/j.datak.2023.102219\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><p>The development of dependable information systems in legal contexts requires a precise understanding of the subtleties of the underlying legal phenomena. According to a modern understanding in the philosophy of law, much of these phenomena are relational in nature. In this paper, we employ a theoretically well-grounded legal core ontology (UFO-L) to conduct an ontological analysis focused on fundamental legal relations, namely, the power–subjection and the disability–immunity relations. We show that in certain cases, power–subjection relations are primitive in the sense that by means of institutional acts other legal relations can be generated from them. Examples include relations of rights and duties, permissions and no-rights, liberties, secondary power–subjection, etc. We further show that legal disabilities (and their correlative immunities) are key in constraining the reach of legal powers; together with powers, they form a comprehensive framework for representing the grounds of valid legal acts and to account for the life-cycle of the legal positions that powers create, alter, and possibly extinguish. As a contribution to the practice of conceptual modeling, and leveraging the result of our analysis, we propose conceptual modeling patterns for legal relations, which are then applied to model a real-world case in tax law.</p></div>\",\"PeriodicalId\":55184,\"journal\":{\"name\":\"Data & Knowledge Engineering\",\"volume\":\"148 \",\"pages\":\"Article 102219\"},\"PeriodicalIF\":2.7000,\"publicationDate\":\"2023-09-07\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Data & Knowledge Engineering\",\"FirstCategoryId\":\"94\",\"ListUrlMain\":\"https://www.sciencedirect.com/science/article/pii/S0169023X23000794\",\"RegionNum\":3,\"RegionCategory\":\"计算机科学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"COMPUTER SCIENCE, ARTIFICIAL INTELLIGENCE\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Data & Knowledge Engineering","FirstCategoryId":"94","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S0169023X23000794","RegionNum":3,"RegionCategory":"计算机科学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"COMPUTER SCIENCE, ARTIFICIAL INTELLIGENCE","Score":null,"Total":0}
Legal powers, subjections, disabilities, and immunities: Ontological analysis and modeling patterns
The development of dependable information systems in legal contexts requires a precise understanding of the subtleties of the underlying legal phenomena. According to a modern understanding in the philosophy of law, much of these phenomena are relational in nature. In this paper, we employ a theoretically well-grounded legal core ontology (UFO-L) to conduct an ontological analysis focused on fundamental legal relations, namely, the power–subjection and the disability–immunity relations. We show that in certain cases, power–subjection relations are primitive in the sense that by means of institutional acts other legal relations can be generated from them. Examples include relations of rights and duties, permissions and no-rights, liberties, secondary power–subjection, etc. We further show that legal disabilities (and their correlative immunities) are key in constraining the reach of legal powers; together with powers, they form a comprehensive framework for representing the grounds of valid legal acts and to account for the life-cycle of the legal positions that powers create, alter, and possibly extinguish. As a contribution to the practice of conceptual modeling, and leveraging the result of our analysis, we propose conceptual modeling patterns for legal relations, which are then applied to model a real-world case in tax law.
期刊介绍:
Data & Knowledge Engineering (DKE) stimulates the exchange of ideas and interaction between these two related fields of interest. DKE reaches a world-wide audience of researchers, designers, managers and users. The major aim of the journal is to identify, investigate and analyze the underlying principles in the design and effective use of these systems.