Normative-informational positions: a modal-logical approach

Abstract

This paper is a preliminary investigation into the application of the formal-logical theory of normative positions to the characterisation of normativeinformational positions, pertaining to rules that are meant to regulate the supply of information. First, we present the proposed framework. Next, we identify the kinds of nuances and distinctions that can be articulated in such a logical framework. Finally, we show how such nuances can arise in specific regulations. Reference is made to Data Protection Law and Contract Law, among others. The proposed approach is articulated around two essential steps. The first involves identifying the set of possible interpretations that can be given to a particular norm. This is done by using formal methods. The second involves picking out one of these interpretations as the most likely one. This second step can be resolved only by using further information (e.g., the context or other parts of the regulation).Keywords Modal and deontic logic Á Normative systems Á Theory of normative positions Á Regulation of information flow Á Norms for information agents This paper is a revised and considerably extended version of (Jones 2004). Some of the material included herein is adapted from the document 'Preliminary Analysis on Legal Issues', an unpublished report that formed part of the deliverables from the project TrustCoM (to which reference is made in the concluding acknowledgements).

Thirty years of Artificial Intelligence and Law: the second decade

“…The Kanger-Lindahl theory has been formalized and adopted for computational purposes (Sergot (2001) and Sergot (2013)). The theory of normative positions has also been applied to domains other than law (Jones and Parent 2008), but it remains essential for legal knowledge modeling when this concerns rights. duties and violations.…”