5 resultados para localised legal knowledge

em AMS Tesi di Dottorato - Alm@DL - Università di Bologna


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The goal of the present research is to define a Semantic Web framework for precedent modelling, by using knowledge extracted from text, metadata, and rules, while maintaining a strong text-to-knowledge morphism between legal text and legal concepts, in order to fill the gap between legal document and its semantics. The framework is composed of four different models that make use of standard languages from the Semantic Web stack of technologies: a document metadata structure, modelling the main parts of a judgement, and creating a bridge between a text and its semantic annotations of legal concepts; a legal core ontology, modelling abstract legal concepts and institutions contained in a rule of law; a legal domain ontology, modelling the main legal concepts in a specific domain concerned by case-law; an argumentation system, modelling the structure of argumentation. The input to the framework includes metadata associated with judicial concepts, and an ontology library representing the structure of case-law. The research relies on the previous efforts of the community in the field of legal knowledge representation and rule interchange for applications in the legal domain, in order to apply the theory to a set of real legal documents, stressing the OWL axioms definitions as much as possible in order to enable them to provide a semantically powerful representation of the legal document and a solid ground for an argumentation system using a defeasible subset of predicate logics. It appears that some new features of OWL2 unlock useful reasoning features for legal knowledge, especially if combined with defeasible rules and argumentation schemes. The main task is thus to formalize legal concepts and argumentation patterns contained in a judgement, with the following requirement: to check, validate and reuse the discourse of a judge - and the argumentation he produces - as expressed by the judicial text.

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The thesis explores ways to formalize the legal knowledge concerning the public procurement domain by means of ontological patterns suitable, on one hand, to support awarding authorities in conducting procurement procedures and, on the other hand, to help citizens and economic operators in accessing procurement's notices and data. Such an investigation on the making up of conceptual models for the public procurement domain, in turn, inspires and motivates a reflection on the role of legal ontologies nowadays, as in the past, retracing the steps of the ``ontological legal thinking'' from Roman Law up to now. I try, at the same time, to forecast the impact, in terms of benefits, challenges and critical issues, of the application of computational models of Law in future e-Governance scenarios.

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The research examines which cultural and linguistic instruments can be offered to provide adult migrants with formative access to citizenship competences. Starting from the questions: How can individuals of all community groups present in a nation-state acquire high standards of linguistic, sociolinguistic and discourse competences in order to be fully integrated, that is to participate and be included in social activities in the public domain such as work and institutional environments? How are these competencies developed in an educational context? How do adult migrants behave linguistically in this context, according to their needs and motivations? The research hypothesis aimed at outlining a formative project of citizenship education targeted at adult foreign citizens, where a central role is assigned both to law education and linguistic education. Acoordingly, as the study considered if the introduction of a law programme in a second language course could be conceived as an opportunity to further the access to active citizenship and social participation, a corpus of audiodata was collected in law classes of an Italian adult professional course attended by a 50% of foreign students. The observation was conducted on teacher and learner talk and learner participation in classroom interaction when curriculum legal topics were introduced and discussed. In the classroom law discourse two dimensions were analyzed: the legal knowledge construction and the participants’ interpersonal and identity construction. From the analysis, the understanding is that drawn that law classes seem to represent an educational setting where foreign citizens have an opportunity to learn and practise citizenship. The social and pragmatic approach to legal contents plays a relevant role, in a subject which, in non-academic contexts, loses its technical specificity and refers to law as a product of social representation. In the observed educational environment, where students are adults who bring into the classroom multiple personal and social identities, legal topics have the advantage of increasing adult migrants’ motivation to ‘go back to school’ as they are likely to give hints, if not provide solutions, to problems relating to participation in socio-institutional activities. At the same time, these contents offer an ideal context where individuals can acquire high discourse competences and citizenship skills, such as agency and critical reflection. Besides, the analysis reveals that providing adult learners with materials that focus on rights, politics and the law, i.e. with materials which stimulate discussion on concerns affecting their daily lives, is welcomed by learners themselves, who might appreciate the integration of these same topics in a second language course.

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A prevalent claim is that we are in knowledge economy. When we talk about knowledge economy, we generally mean the concept of “Knowledge-based economy” indicating the use of knowledge and technologies to produce economic benefits. Hence knowledge is both tool and raw material (people’s skill) for producing some kind of product or service. In this kind of environment economic organization is undergoing several changes. For example authority relations are less important, legal and ownership-based definitions of the boundaries of the firm are becoming irrelevant and there are only few constraints on the set of coordination mechanisms. Hence what characterises a knowledge economy is the growing importance of human capital in productive processes (Foss, 2005) and the increasing knowledge intensity of jobs (Hodgson, 1999). Economic processes are also highly intertwined with social processes: they are likely to be informal and reciprocal rather than formal and negotiated. Another important point is also the problem of the division of labor: as economic activity becomes mainly intellectual and requires the integration of specific and idiosyncratic skills, the task of dividing the job and assigning it to the most appropriate individuals becomes arduous, a “supervisory problem” (Hogdson, 1999) emerges and traditional hierarchical control may result increasingly ineffective. Not only specificity of know how makes it awkward to monitor the execution of tasks, more importantly, top-down integration of skills may be difficult because ‘the nominal supervisors will not know the best way of doing the job – or even the precise purpose of the specialist job itself – and the worker will know better’ (Hogdson,1999). We, therefore, expect that the organization of the economic activity of specialists should be, at least partially, self-organized. The aim of this thesis is to bridge studies from computer science and in particular from Peer-to-Peer Networks (P2P) to organization theories. We think that the P2P paradigm well fits with organization problems related to all those situation in which a central authority is not possible. We believe that P2P Networks show a number of characteristics similar to firms working in a knowledge-based economy and hence that the methodology used for studying P2P Networks can be applied to organization studies. Three are the main characteristics we think P2P have in common with firms involved in knowledge economy: - Decentralization: in a pure P2P system every peer is an equal participant, there is no central authority governing the actions of the single peers; - Cost of ownership: P2P computing implies shared ownership reducing the cost of owing the systems and the content, and the cost of maintaining them; - Self-Organization: it refers to the process in a system leading to the emergence of global order within the system without the presence of another system dictating this order. These characteristics are present also in the kind of firm that we try to address and that’ why we have shifted the techniques we adopted for studies in computer science (Marcozzi et al., 2005; Hales et al., 2007 [39]) to management science.

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Our research asked the following main questions: how the characteristics of professionals service firms allow them to successfully innovate in exploiting through exploring by combining internal and external factors of innovation and how these ambidextrous organisations perceive these factors; and how do successful innovators in professional service firms use corporate entrepreneurship models in their new service development processes? With a goal to shed light on innovation in professional knowledge intensive business service firms’ (PKIBS), we concluded a qualitative analysis of ten globally acting law firms, providing business legal services. We analyse the internal and factors of innovation that are critical for PKIBS’ innovation. We suggest how these firms become ambidextrous in changing environment. Our findings show that this kind of firms has particular type of ambidexterity due to their specific characteristics. As PKIBS are very dependant on its human capital, governance structure, and the high expectations of their clients, their ambidexterity is structural, but also contextual at the same time. In addition, we suggest 3 types of corporate entrepreneurship models that international PKIBS use to enhance innovation in turbulent environments. We looked at how law firms going through turbulent environments were using corporate entrepreneurship activities as a part of their strategies to be more innovative. Using visual mapping methodology, we developed three types of innovation patterns in the law firms. We suggest that corporate entrepreneurship models depend on successful application of mainly three elements: who participates in corporate entrepreneurship initiatives; what are the formal processes that enhances these initiatives; and what are the policies applied to this type of behaviour.