Legal Concepts as Mental Representations

Jakubiec, Marek

doi:10.1007/s11196-021-09853-7

Cited by 5 publications

(2 citation statements)

References 36 publications

(53 reference statements)

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“…In the context of the legal system, a discipline rich in diverse legal concepts, these ideas serve as foundational elements in the construction of judicial models. Further expanding on this notion, legal concepts can be best understood as mental representations that are crucial not only for legal reasoning and decision-making but also for understanding the ontology and epistemology of law itself ( Jakubiec, 2022 ). However, these concepts are often articulated using abstract language.…”

Section: Progress Of Cognitive Methods Applied To Judicial Modelmentioning

confidence: 99%

“…Cognitive concept maps, which is any visual representation of a person’s mental model for a concept, connecting knowledge by graphical tools, performs well while tackling sustainability issues ( Watson et al, 2023 ). Legal concepts is mental representations with the analogical debating, when sentences are an emanation of the cognitive process of mapping, we will think about law as if it were a concrete, fragile entity ( Jakubiec, 2022 ). Ashley (2017) used ontology-based system to represent the concepts and their relations, cognitive computing plays key roles in conceptual legal information retrieval.…”

Section: Progress Of Cognitive Methods Applied To Judicial Modelmentioning

confidence: 99%

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The application of cognitive neuroscience to judicial models: recent progress and trends

Zhang,

Zhang

2023

Front. Neurosci.

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Legal prediction presents one of the most significant challenges when applying artificial intelligence (AI) to the legal field. The legal system is a complex adaptive system characterized by the ambiguity of legal language and the diversity of value functions. The imprecision and procedural knowledge inherent in law makes judicial issues difficult to be expressed in a computer symbol system. Current semantic processing and machine learning technologies cannot fully capture the complex nature of legal relations, thereby raising doubts about the accuracy of legal predictions and reliability of judicial models. Cognitive computing, designed to emulate human brain functions and aid in enhancing decision-making processes, offers a better understanding of legal data and the processes of legal reasoning. This paper discusses the advancements made in cognitive methods applied to legal concept learning, semantic extraction, judicial data processing, legal reasoning, understanding of judicial bias, and the interpretability of judicial models. The integration of cognitive neuroscience with law has facilitated several constructive attempts, indicating that the evolution of cognitive law could be the next frontier in the intersection of AI and legal practice.

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Section: Progress Of Cognitive Methods Applied To Judicial Modelmentioning

confidence: 99%

Section: Progress Of Cognitive Methods Applied To Judicial Modelmentioning

confidence: 99%

The application of cognitive neuroscience to judicial models: recent progress and trends

Zhang,

Zhang

2023

Front. Neurosci.

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Legal Concepts as Social Representations

Smejkalová

2024

Int J Semiot Law

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Methodological Aspects of the Dynamics of Legal Relationships as a Social and Legal Phenomenon

Vershok

2021

jour

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The article is devoted to the study of legal relationship as a phenomenon that exists in two modes of being of law: legal reality and legal validity. Classical approaches to the definition of a legal relationship as a social relationship regulated by law are criticized. The understanding of the legal relationship as a result of the implementation of legal norm is also criticized. It is recognized that these approaches do not fully provide a scientific characteristic of legal relationships as a social and legal phenomenon. Instead of the usually distinguished elements of a legal relationship in the form of a subject, object and content, it is proposed to study its dynamic parameters. The dynamics of a legal relationship is considered as a result of the intentionality of the legal consciousness of its subject. In legal reality, a legal relationship is studied as a social action in the conditions of adaptation of the subject to the environment. This legal relationship is due to the general normativity of biological, social and technical origin. The vital normativity of legal reality is considered as a determinant of legal relations. The locus of control in this legal relationship is focused on the subject exercising its rights and fulfilling its obligations. In legal validity, the legal relationship is due to the intentionality of the legal consciousness of the subject to implement legal norms through legal interaction with other participants in the legal relationship. The normativity of legal reality is based on legal regulation through legal acts (individual and general). In such a legal relationship, the subjects exercise their legal capabilities to the fulfillment of the legal duties assigned to other subjects. The locus of control is shifted to other participants in the legal relationship who exercise their rights and perform legal duties. In legal interaction, mutual recognition of the right is provided by the instance and/or the party of the legal relationship. In the legal validity, the physical, social and value, as well as vital normativity are supplemented by legal normativity. It is designed to neutralize social contradictions caused by the limitations of space, as well as the irreversibility of time. It is proved that the proposed concept of legal relations contributes to the solution of practical issues of the primacy of the legal norm or legal relationship, the revision of the criteria for differentiation of the legal system, the determination of the ratio of legal relations and offenses, the scientific consideration of some sectoral problems of the classification of legal relations. It is noted that the proposed concept of a legal relationship as a social action or legal interaction is quite conditional and applicable for cognitive purposes. In practice, quite often there is an intersection or mutual overlap of one type with another, a transition from legal reality to legal reality.

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Legal Concepts as Mental Representations

Cited by 5 publications

References 36 publications

The application of cognitive neuroscience to judicial models: recent progress and trends

The application of cognitive neuroscience to judicial models: recent progress and trends

Legal Concepts as Social Representations

Methodological Aspects of the Dynamics of Legal Relationships as a Social and Legal Phenomenon

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