Don't think but look : a Gestalt interactionist approach to legal thinking

We propose here a new approach to legal thinking that is based on principles of Gestalt perception. Using a Gestalt view of perception, which sees perception as the process of building a conceptual representation of the given stimulus, we articulate legal thinking as the process of building a representation for the given facts of a case. We propose a model in which top-down and bottom-up processes interact together to build arguments (or representations) in legal thinking. We discuss some implications of our approach, especially with respect to modeling precedential reasoning and creativity in legal thinking.

A methodology for extracting legal norms from regulatory documents

We present a methodology to extract legal norms from regulatory documents for their formalisation and later compliance checking. The need for the methodology is motivated from the shortcomings of existing approaches where the rule type and process aspects relevant to the rules are largely overlook. The methodology incorporates the well–known IF. . . THEN structure extended with the process aspect and rule type, and guides how to properly extract the conditions and logical structure of the legal rules for reasoning and modelling of obligations for compliance checking.

Temporal structure and enablement representation for mutual wills: A Petri net approach

Those temporal formalisms that are sporadically found nowadays in the literature of AI & Law are based on temporal logic. We claim a revived role for another major class of temporal representation: Petri nets. This formalism, popular in computing from the 1970s, had its potential recognized on occasion in the literature of legal computing as well, but apparently the discipline has lost sight of it, and its practitioners on average need be tutored into this kind of representation. Asynchronous, concurrent processes—for which the approach is well‐suited—are found in the legal domain, in disparate contexts. We develop an example for Mutual Wills.

Representing temporal knowledge in legal discourse

This paper presents a formalism for representing temporal knowledge in legal discourse that allows an explicit expression of time and event occurrences. The fundamental time structure is characterized as a well‐ordered discrete set of primitive times, i.e. non‐decomposable intervals with positive duration or points with zero duration), from which decomposable intervals can be constructed. The formalism supports a full representation of both absolute and relative temporal knowledge, and a formal mechanism for checking the temporal consistency of a given set of legal statements is provided. The general consistency checking algorithm which addresses both absolute and relative temporal knowledge turns out to be a linear programming problem, while in the special case where only relative temporal relations are involved, it becomes a simple question of searching for cycles in the graphical representation of the corresponding legal text.

The visual representation of the “indignados”. A visual analysis about the characterization of the participants of the 15-M movement.

The aim of this work is to show the type of media coverage done by the newspapers La Razón, El País and Público about the 15-M social movement during the time that the camping at Sol took place. Specifically, in terms of how the characterization of the “indignados” (outraged) got made. Based on our previous descriptive observations, we approached a visual analysis of the photographs published on the paper editions of those mainstream media from May 15-June 12 of the 2011. we started from a total sample of 379 items, developing:1) A content analysis of La Razón, El País, and Público; the most frequents words of each media, articles classifications from the reviews found on them (expositive, positive-evaluation, negative-evaluation).2) An analysis of the 408 images obtained from the total sample, which establishes a clear evolution of the “indignados” profile and how differently each media took the movement as such. That’s, when they stop naming them “indignados”, and recognize its nature as social movement by calling it: “Movimiento 15-M"...

The (in)visible scar. Representation of the body in blogs by women with breast cancer

In this paper we analyze the representation of the body in blogs by women with breast cancer. Taking into account both texts and images, we study the representation of the body on the basis of the body problems proposed by Frank (1995): control, body-relatedness, other-relatedness and desire. In the blogs studied we find a desiring and dyadic body, which is understood as part of a network of affection and care. The diagnosis of cancer can generate both dissociation, when the body is experienced as a threat, and association, a wish to be connected to it. In relation to control, a clear will of predictability is observed but traces of assumption of contingency also appear.

Angels with dirty faces? European identity, politics of representation and recognition of Romani interests

The contradiction between acknowledgement of cultural differences and their accommodation in public has been a constant theme in studies of diverse societies. This review essay discusses five volumes that grapple with questions of Romani inclusion and the problems Roma face across Europe. The volumes under review point to problems faced by Romani communities and analyse the various legal, political and social challenges that situation of the Roma poses to institutions of contemporary societies. The essay reviews the challenging nature of the status of Roma as we move away from the one-sided towards more reciprocal relationship engagement of state with society in general, and the multiply excluded groups, in particular. The essay finds that the role Roma play in these relationships is either over-, or under-estimated by the literature, largely as a result of limited opportunities to acknowledge and, in effect, accommodate Roma who are rarely understood as actors in their own right.

The legal needs of children and young people in Northern Ireland: the views of young people and adult stakeholders

This research was conducted on behalf of the Department of Justice to explore the following issues: the nature and extent of the legal needs of children and young people; the extent to which these legal needs are being met; barriers to children and young people accessing legal advice, information and representation; potential solutions to these barriers; and potential future mechanisms for meeting identified legal needs of children and young people.

Mining Money: the generative capacities of scientific and legal knowledge practices in the making of resource economies

In 1997 a scandal associated with Bre-X, a junior mining firm, and its prospecting activities in Indonesia, exposed to public scrutiny the ways in which mineral exploration firms acquire, assess and report on scientific claims about the natural environment. At stake here was not just how investors understood the provisional nature of scientific knowledge, but also evidence of fraud. Contemporaneous mining scandals not only included the salting of cores, but also unreliable proprietary sample preparation and assay methods, mis-representations of visual field estimates as drilling results and ‘overly optimistic’ geological reports. This paper reports on initiatives taken in the wake of these scandals and prompted by the Mining Standards Task Force (TSE/OSC 1999). For regulators, mandated to increase investor confidence in Canada’s leading role within the global mining industry, efforts focused first and foremost upon identifying and removing sources of error and wilfulness within the production and circulation of scientific knowledge claims. A common goal cross-cutting these initiatives was ‘a faithful representation of nature’ (Daston and Galison 2010), however, as the paper argues, this was manifest in an assemblage of practices governed by distinct and rival regulative visions of science and the making of markets in claims about ‘nature’. These ‘practices of fidelity’, it is argued, can be consequential in shaping the spatial and temporal dynamics of the marketization of nature.

Digitisation, representation, and formalisation - Digital libraries of mathematics

One of the main tasks of the mathematical knowledge management community must surely be to enhance access to mathematics on digital systems. In this paper we present a spectrum of approaches to solving the various problems inherent in this task, arguing that a variety of approaches is both necessary and useful. The main ideas presented are about the differences between digitised mathematics, digitally represented mathematics and formalised mathematics. Each has its part to play in managing mathematical information in a connected world. Digitised material is that which is embodied in a computer file, accessible and displayable locally or globally. Represented material is digital material in which there is some structure (usually syntactic in nature) which maps to the mathematics contained in the digitised information. Formalised material is that in which both the syntax and semantics of the represented material, is automatically accessible. Given the range of mathematical information to which access is desired, and the limited resources available for managing that information, we must ensure that these resources are applied to digitise, form representations of or formalise, existing and new mathematical information in such a way as to extract the most benefit from the least expenditure of resources. We also analyse some of the various social and legal issues which surround the practical tasks.

Governance, representation and the ‘monstrous regiment’: is the collective feminine?

Alternatives to the individualistic emphasis of liberal theory focus attention on collective dimensions of social life with implications for legal and political analysis of the state, of representation, and of international law. In this context, relationships between the individual–collective dichotomy and the dichotomy of gender demand attention because of the claimed affiliations of individualism with social understandings of masculinity.

O impacto da burocracia nas pequenas e microempresas: uma análise do arcabouço legal

Esse trabalho se debruça sobre os problemas enfrentados pelas pequenas e microempresas no Estado do Rio de Janeiro, dadas as circunstâncias de uma estrutura arcaica e burocratizada do Estado brasileiro, que transforma o ato de empreender em uma verdadeira aventura, pois além dos desafios e riscos inerentes ao próprio negócio, a burocracia elimina a maioria das empresas ainda nos primeiros anos de vida. O segmento focado nesse trabalho sofre, ainda mais, pela baixa capacidade de mobilização e representatividade, não tendo, assim, como se defender de um estado sócio apenas do sucesso e jamais do fracasso. A própria legislação funciona como um entrave, com regras de todo dissociadas da realidade econômica, estabelecendo procedimentos que ao invés de serem estímulos se transformam em obstáculos muitas vezes intransponíveis para as pequenas e microempresas. O emaranhado de leis cria um cenário propício à corrupção, consequência direta da falta de objetividade e critério daqueles com a função de legislarem. Os exemplos de leis mostrados ao longo do texto retratam a verdadeira sangria na saúde dessas empresas, assim como a quantidade de novos Projetos de Lei apresentados a cada ano, demonstra que, infelizmente, ainda estamos longe de uma mudança de rumos. O trabalho procura apontar através de alguns dados o prejuízo para a economia do Estado, pois são elas, pequenas e microempresas, ao contrário do que muitos pensam, as maiores empregadoras, sendo, portanto, de vital importância que as suas dificuldades sejam tratadas como prioridade. Embora, como dito, o Estado do Rio de Janeiro tenha servido como exemplo do modelo vigente, essa realidade é praticamente a mesma em todas as demais Unidades da Federação, deixando clara a importância de uma mobilização geral capaz de mudar o rumo dessa história. Porém, fica claro também que essa transformação passa por uma mudança de mentalidade, pois sem isso, todas as vitórias serão pontuais, sem forças para a construção de um novo cenário de negócios.

Gestão democrática no ensino superior: entre o discurso legal e a memória - o caso da FCL de Araraquara

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Web colaborativa: inovação na criação, proteção e uso legal de informação

In the contemporary world, the Internet enables the development of a Collaborative Web where the decentralization and sharing of information and knowledge generate new cultural configurations of increasing representation in informational flows. In this environment, collaboration and remix practices are covered by a legislation established for another context, and an imbalance is created between what is provided by the technology and what is established by Copyright. Therefore, it is necessary to address, under the perspective of the third time in Information Science, contemporary issues concerning creation, recreation, use, reuse, sharing and dissemination of intellectual content under the legislation which regulates them. This article seeks to highlight the dilemma that contemporaneity is experiencing and how important is for both society as a whole and specially the professional of Information Science to know the legal conditions for the processes of generating, processing, using, recovering and, especially, re-using information on the Web at a larger scale. The Creative Commons licenses are emerging alternatives that offer individuals options to become not only users but also holders and creators of intellectual content under legal conditions.