Legal Reasoning Research Articles

The Human in the Feedback Loop: Predictive Analytics in Refugee Status Determination

Predictive analytics in law describes AI systems that can predict the outcome of legal cases via computational legal reasoning. Predictive analytics in refugee status determination (RSD) has been cautiously employed. However, active research into model development holds significant potential for scalable application. Predictive analytics, traditionally built upon inductive decision-making processes like supervised machine learning and decision trees, risks compromising the abductive reasoning processes that RSD relies upon. Even if models are built to effectively navigate this hurdle, problems with data remain. Insufficient data is an intractable element of forced displacement, which means inaccuracies or uncertainty. The prospective nature of a well-founded fear undermines how algorithms are traditionally trained from historical data. The inability of predictive analytics to measure subjective fear may mean that RSD credibility assessments are pushed to ‘pseudo-scientific’ tools such as lie detectors and emotion recognition technology. Without the ability to remove subjectivity, the training data will capture subjective fear from previous claimants that will inform other case outcomes. Case characteristics that describe an individual case within a dataset and upon which the algorithm is trained must be carefully chosen in consultation with legal experts. Without considering how case characteristics reflect legal standards, they risk subverting hard-fought and won international legal protections. Finally, commonly acknowledged issues of algorithmic bias and harmful feedback loops must not be forgotten. This conversation is crucial for ensuring that the likely implementation of predictive analytics in RSD upholds fairness and established legal standards and, crucially, does not forget the human at its heart.

A Multi-Model Approach to Legal Judgment Prediction Using Advanced Knowledge Integration Techniques

This paper presents a multi-model approach to legal judgment prediction, emphasizing the integration of advanced knowledge techniques to enhance predictive accuracy and interpretability. As the volume of legal data continues to grow, traditional prediction methods often fall short in capturing the complexities of legal reasoning and case outcomes. By combining various modeling strategies, including rule-based systems and machine learning algorithms, this research demonstrates how a multi-model framework can leverage the strengths of different methodologies to provide more reliable predictions. Furthermore, the incorporation of knowledge integration techniques, such as knowledge graphs and Large Language Models (LLM), enriches the predictive models by offering contextual insights and improving feature selection. The findings indicate that this innovative approach not only improves the accuracy of legal predictions but also fosters transparency and trust among legal practitioners. Ultimately, this study lays the groundwork for future research in legal judgment prediction, advocating for the continued exploration of hybrid models and the application of emerging technologies to address the evolving challenges within the legal landscape.

The ‘Law and Language Friction’: Overcoming the Barriers of Discourse in Supervision

The relationship between law and language requires continuous attention in legal education, specifically supervision. In the journey of every law student, the discipline will demand that they interpret legal texts, write legal opinions, and prepare research reports and theses, which require the use of language. Clear and practical legal language makes a legal argument whole, compelling, and persuasive. However, the language challenges law students because the discourse in legal terminology creates a law and language friction. This friction presents a double-edged sword when students attempt to express themselves using legal language in their research projects, depending on whether they know the limitations and opportunities that the language presents in legal reasoning. The main argument of this paper is that we need to acknowledge the friction in the relationship between the law and language and seek opportunities to confront and overcome this friction through our supervision models and approaches. The research focus of this paper addresses the academic literacy obstacles in the context of postgraduate supervision in legal education. It presents the law and language friction as a positive and a negative factor that law students should confront to communicate effectively in legal writing and for their supervisors to teach effective legal writing.

Rewilding through inappropriate species introduction: The case of European bison in Spain

AbstractMost European rewilding initiatives are based on the recovery of large herbivores, particularly European bison Bison bonasus, aiming at restoring ecosystem processes and increase trophic complexity. The growing support for the release of bison as a wild species, and change its legal status, in Spain, as an ecological analogue of the extinct steppe bison Bison priscus, makes it an excellent example to reflect the limits of a rewilding biogeographically advisable. We discuss if this initiative could be justified from ecological, biogeographical, ethical, and legal reasons. Besides remarkable taxonomic and functional differences between both bison species, the Mediterranean environment, under the present and future climatic scenarios, does not suit the European bison. Furthermore, there is no evidence to support the presumption that the European bison was ever present in the Iberian Peninsula, with legal implications. We expect that our approach will be inspirational for similar assessments on rewilding initiatives globally.

Home Parenteral Support in Chronic Intestinal Failure-First Results from a Pioneer Portuguese Intestinal Failure Center.

Home parenteral support (HPS) is the core of chronic intestinal failure (IF) treatment. For legal reasons, HPS in Portugal lags behind other European countries, and only a few patients were taken care of at home by nurses. Now, the legislation has changed, allowing patient self-care. The authors report their pioneer experience as the largest Portuguese IF center, evaluating the underlying conditions leading to IF, HPS nutritional impact, HPS-related complications and survival. This is a retrospective study including IF patients who underwent HPS in a Portuguese IF center. The data included demographics, underlying conditions, IF types, HPS duration, BMI at the beginning and end of HPS/follow-up, complications, microbiological agents of infectious complications and current status (deceased or alive with/without HPS). Survival was calculated until death or September 2024. A total of 23 patients (52.2% female, mean age 57.3 years), all with type III IF, were included. Short bowel syndrome (SBS) was the most common cause of IF (69.6%). Of the included patients, 78.3% received home parenteral nutrition; the others received home parenteral hydration. The mean BMI increased significantly, from 19.1 kg/m2 to 22.5 kg/m2 (p < 0.001). Two patients received Teduglutide. The most common complication was catheter-related bloodstream infection (2.5/1000 catheter days). The complications did not increase with patient self-care. At the end of follow-up, 21.7% of patients remained on HPS, 34.8% were alive without HPS, and 43.5% died. The average survival was 43.4 months. One death (4.35%) was attributable to HPS-related complications. The conditions underlying IF varied, with SBS being the most frequent condition. HPS improved the BMI, allowing considerable survival. Despite the complications and one attributable death, HPS was safe, even when relying on patient self-care.

Analisis Hukum terhadap Putusan tentang Perkara Wanprestasi dalam Sengketa Ekonomi Syariah

Settlement of Sharia economic disputes, Sharia banking, and default in the field of Sharia is the absolute authority of the Religious Courts, as explained in Article 49 of Law No. 30 of 2006 on Amendments to Law No. 7 of 1989 on Religious Courts. In resolving disputes, the panel of judges must apply a clear legal basis and use legal reasoning when considering the case to be decided. The case that the authors of this study started with the existence of a Sharia economic case, namely default in a default case between PT Bank Muamalat Indonesia, TBK as the plaintiff with PT Hasta Mulya Putra as the defendant. This problem arises because PT Hasta Mulya Putra has committed a breach of promise in fulfilling its obligation to transfer the name of the financing object. The purpose of this study is to find out and explain the analysis of considerations by judges in deciding cases, as well as to explain related to the judge's consideration process in deciding cases No. 129/Pdt.G/2023/PA.Mn. The type of research conducted is field research using a qualitative approach and empirical legal research. Meanwhile, the data collection technique carried out by the author uses interviews. The analysisused used an inductive method. From this study, it can be concluded that before deciding that someone is in default, the judge looks at the fact. Things that can strengthen the judge's belief in deciding a case that someone has committed an act of default or breach of promise is that the person has neglected his obligations or has not paid off the principal of the financing, the proof can be seen from the evidence in the form of letters submitted by the plaintiff, all of which have been acknowledged or confirmed by the defendant, so there is no need to prove it. The role of legal reasoning is to help judges reach a conclusion that must be rational and supported by rational premises to avoid misleading errors.

What Have Introductory Books on Legal Reasoning Ever Done for Us?

The purpose of this article is to investigate, and to review, a number of recent introductions to law with the emphasis being on those introducing students to legal reasoning. The investigation will have as its focus not just reasoning methodology but equally the ontological and epistemological foundations upon which the reasoning is based. The investigation will be comparative in its orientation; it will examine, in particular, works from common lawyers and French jurists, with references also to books produced by Roman law specialists (Romanists). It will show that many introductions are based on an ontological foundation that emphasizes rules—the rule model—and that, with regard to some of the introductory books, this emphasis has engendered what is arguably a simplistic view of legal knowledge and method. Are such books, it might be asked, epistemologically reliable? To help answer this question, another comparative orientation to be undertaken is to examine some introductory works in the social sciences in order to see not only how these works may differ in their approach to knowledge and methodology but also how methodological discussions in the social sciences could be valuable for lawyers. Keywords: analogy; epistemology; introductions; logic; ontology; perception; rule model; syllogism.

Can Historical Jurisprudence Inform the Artificial Intelligence and Law Debate?

The publication of a monograph by Dr Luca Siliquini-Cinelli on the history of scientia iuris in which he argues that law is a constructed form of knowledge that differs from experience is not just an important and very learned contribution to historical jurisprudence. The book’s thesis is also making an important contribution to the debate about the impact, and probable future impact, of artificial intelligence (AI) on law, legal thought and legal reasoning. In critically reviewing the book, this essay will briefly indicate how and why Dr Siliquini-Cinelli’s book is establishing a fundamental relationship between historical jurisprudence (understood as the history of legal thought) and AI. Keywords: artificial intelligence (AI); epistemology; legal singularity; map; model; philosophy; rule-theorist; territory.

Bayesian deep learning: An enhanced AI framework for legal reasoning alignment

The integration of artificial intelligence into the field of law has penetrated the underlying logic of legal operations. Currently, legal AI systems face difficulties in representing legal knowledge, exhibit insufficient legal reasoning capabilities, have poor explainability, and are inefficient in handling causal inference and uncertainty. In legal practice, various legal reasoning methods (deductive reasoning, inductive reasoning, abductive reasoning, etc.) are often intertwined and used comprehensively. However, the reasoning modes employed by current legal AI systems are inadequate. Identifying AI models that are more suitable for legal reasoning is crucial for advancing the development of legal AI systems.Distinguished from the current high-profile large language models, we believe that Bayesian reasoning is highly compatible with legal reasoning, as it can perferm abductive reasoning, excel at causal inference, and admits the "defeasibility" of reasoning conclusions, which is consistent with the cognitive development pattern of legal professionals from apriori to posteriori. AI models based on Bayesian methods can also become the main technological support for legal AI systems. Bayesian neural networks have advantages in uncertainty modeling, avoiding overfitting, and explainability. Legal AI systems based on Bayesian deep learning frameworks can combine the advantages of deep learning and probabilistic graphical models, facilitating the exchange and supplementation of information between perception tasks and reasoning tasks. In this paper, we take perpetrator prediction systems and legal judegment prediction systems as examples to discuss the construction and basic operation modes of the Bayesian deep learning framework. Bayesian deep learning can enhance reasoning ability, improve the explainability of models, and make the reasoning process more transparent and visualizable. Furthermore, Bayesian deep learning framework is well-suited for human-machine collaborative tasks, enabling the complementary strengths of humans and machines.

ANALYSIS OF IMAM MOTURIDI'S LEGAL VIEWS ON SAYING "AMEN" AFTER PRAYER

This article explores the legal views of Imam al-Maturidi on the practice of saying "Ameen" after prayer within the context of Islamic jurisprudence. Imam Maturidi, a prominent theologian and jurist, is well known for his contributions to the Hanafi school of thought, and his interpretations of Islamic law emphasize reason and rationality. This study examines how Imam Maturidi addresses the utterance of "Ameen" following the recitation of Al-Fatiha during the congregational prayer (Salat). The article analyzes the theological and jurisprudential significance of "Ameen" in his writings, particularly focusing on whether it is an obligatory or recommended act, and how it aligns with his broader understanding of prayer rituals. Additionally, it discusses how Maturidi’s views contrast with those of other juristic schools, offering insights into the nuances of legal reasoning in Islamic ritual law. The paper concludes by highlighting the flexibility in Islamic legal tradition, showing how Maturidi’s reasoning offers a bridge between strict adherence and the allowances for personal preference in ritual practice.

The Urgency of Philosophy of Science for Doctoral Students of Law

Philosophy of science plays a very important role for doctoral students in law, because it provides a critical, reflective, and in-depth foundation for thinking in conducting advanced legal research. This article discusses the urgency of philosophy of science for doctoral students in law from several main aspects, including epistemological and ontological foundations, development of theoretical frameworks, critical evaluation of scientific methods, and improvement of legal reasoning skills. Philosophy of science also provides ethical guidance in research and helps students understand the relationship between law and other disciplines, such as sociology and politics. Through a deeper understanding of philosophy of science, doctoral students in law can compile more comprehensive, relevant, and impactful research, and make significant contributions to the development of legal science in the future.

Genetic variability and discriminatory power of RM Y-STRs in gilgit men: a population study

AbstractShort Tandem Repeats (STRs) found on the Y chromosome have multiple applications, such as in forensic investigations, male identification for legal reasons, as well as population genetics. However, commercially accessible Y-STR tests are limited in their capability to distinguish closely linked male individuals in forensic genetics. Recent studies have revealed that Rapidly Mutating Y-STRs (RM Y-STRs) offer significantly greater haplotype diversity around the worldwide populations associated to conventional Y-STRs, though some RM Y-STR loci are not contained, current commercial kits. The objective of this research is to create a database of RM Y-STR haplotype frequencies for the Gilgit population in Pakistan and evaluate the effectiveness of these genetic markers in distinguishing individuals with genetic variations. The research involved examining several RM Y-STRs in 56 unrelated Gilgit men. The statistical analysis determined that the majority of the loci-maintained haplotype values, as specific varied in certain cases. The results presented that the RM Y-STRs were very effective in distinguishing genetic changes among the Gilgit population, through a GD value of 0 for DYD403S1 and GD values greater than 0.7 for all other loci, with maximum value of 0.9920 for the RM Y-STR DYS612.

Tinjauan Atas Putusan Pengadilan Agama Cibinong Nomor 7584/Pdt.G/2021/PA.Cbn tentang Pembatalan Perkawinan Akibat Mahar yang Terutang Dihubungkan dengan Undang-Undang Perkawinan dan Hukum Islam

The annulment of a marriage has legal consequences, namely that the marriage is declared invalid (no legal force on the declared void marriage). The Cibinong Religious Court Decision No. 7584/Pdt.G/2021/PA.Cbn is an example of a ruling on marriage annulment due to the dowry not being provided by the male party. This writing aims to examine the legal considerations in the Cibinong Religious Court Decision No. 7584/Pdt.G/2021/PA.Cbn, which annulled the marriage due to the unpaid dowry, based on the Marriage Law and Islamic Law. The research method used is normative legal research with an analytical descriptive approach. The approach is based on secondary data through literature studies, including primary, secondary, and tertiary legal materials. The data analysis method employed is qualitative juridical analysis. Based on the findings, it can be concluded that the legal reasoning behind the decision to annul the marriage due to unpaid dowry in Cibinong Religious Court Decision No. 7584/Pdt.G/2021/PA.Cbn, which was based on Article 27(2) of the Marriage Law in conjunction with Article 72(2) of the Compilation of Islamic Law, was less accurate.

Legal Certainty for Providing Preferential Tariffs in the ASEAN-China Free Trade Area (ACFTA) Agreement Based on Operational Certification Procedures (OCP) in Tax Court Decisions

The ASEAN-China Free Trade Area (ACFTA) is an agreement made by the member countries of ASEAN and the People's Republic of China with the aim of promoting a stable and harmonious economy through the free flow of goods. ACFTA also supports the idea that barriers to international trade, both tariff and non-tariff, should be reduced or even eliminated, which is known as preferential tariffs. The countries involved in the ACFTA agreement agree that the Rules of Origin (ROO) provisions are necessary to obtain preferential tariffs. ROO establishes three criteria: Origin Criteria, Consignment Criteria, and Procedural Criteria. (Procedural Criteria). The Procedural Criteria are regulated in the Operational Certification Procedures (OCP) in Appendix 1 of Attachment A of Annex 1 ROO. The OCP contains regulations regarding the time for submitting a Certificate of Origin (SKA) in order to obtain a preferential rate. There are parties that think about the implementation of OCP ACFTA in Indonesia, that further regulations on OCP cannot be made without an agreement from both sides to do so. Research conducted using a normative legal approach with data collection methods through literature study, concluded that there are still differences in the application of Operational Certification Procedures (OCP) in the imposition of preferential rates by customs officers and Tax Court judges in the region in resolving disputes regarding preferential tariff. Therefore, adjustments are needed in the legal products regarding the implementation of preferential tariff imposition, as well as an enhancement of legal understanding and reasoning in the Tax Court to provide legal certainty, justice, and benefits for all stakeholders. Keywords: ACFTA, Preferntial Tariff, OCP.

The principles of the exercise of civil rights in the dynamics of contractual obligations

The article is devoted to the general principles of the execution of civil rights upon the occurrence, performance, change and termination of a contractual obligation. Such general patterns are the principles, the application of which is a legal fact that causes the dynamics of a contractual obligation (emergence, implementation, change, suspension, termination), as well as the protection and protection of civil law and interest). It has been proven that there is a group of principles that are characteristic of all stages of the dynamics of a contractual obligation, which are the principles of legal equality, justice, good faith and reasonableness, dispositiveness. It was analyzed that the principle of freedom of contract and free expression of will are determining principles for the execution of civil rights by participants in contractual obligations, because such principles are designed to ensure the validity of the deed, which will subsequently undergo its dynamic development. The basis of these principles is a voluntary action, without any coercion, to enter or not to enter into contractual relations (that is, emergence as a stage of dynamics), as well as to choose a counterparty, its conditions, methods of provision, special conditions for the exercise of rights and performance of duties, freedom of change and termination of the contract. Therefore, this principle will be relevant for almost all stages of dynamics, only with a different magnitude of its role. It has been proven that the principles of the fulfillment of obligations, namely the principles of proper and real fulfillment of obligations, complement the above-mentioned principles of freedom of contract and free expression of will in importance for the realization of civil rights in contractual obligations. The principles of the exercise of subjective civil rights establish fundamental requirements for the conduct of participants, in particular in contractual obligations. It is proposed to highlight such principles of the exercise of civil rights by participants in contractual obligations as the principles of consistency, unimpededness and full satisfaction of interest. The principle of protection of civil rights is manifested in the abnormal dynamics of the contractual obligation. It has been proven that a certain set of basic principles for the exercise of civil rights is inherent to each stage of the dynamics of a contractual obligation.

Правовой анализ доходных видеоигр

The purpose of this study is to provide an in-depth legal analysis of the phenomenon of profitable video games, the copyright holders of which, unlike the owners of online computer games of previous generations, recognise the copyright of users in the works created or processed by them, and provide players with the opportunity to dispose of their intellectual rights to make a profit. The work employs scientific methods to analyse contentious relationships in the legal aspects of profitable video games and compares different approaches to their regulation. The fundamental legal differences in the conditions for using free and profitable video games have been identified and analysed. The paper provides the systematisation and discloses the legal nature of methods players use to generate income within network computer games. The research discovers the legal, organisational, and economic reasons and risks leading to the non-recognition of user copyrights and the imposition of a ban on their disposal by copyright holders of free video games. A mechanism has been discovered and disclosed that allowed the owners of profitable video games to eliminate intellectual and legal risks, recognise gamers’ copyrights to the works they created and launch the legal circulation of rights to them. The work analyses the model for using the blockchain infrastructure and non-fungible tokens as its elements for fixing and disposing of rights to user-generated gaming artefacts. The smart contract as the legal instrument of blockchain platforms is critically analysed. Authors made their proposals to improve the legal efficiency of a smart contract by adding a system of standard public licenses. The scientific novelty of the work lies in explaining the legal nature of the phenomenon of profitable video games and the mechanism for disposing of copyrights within them, as well as in proving the absence of identity between a profitable video game and such an object of special regulation as gambling. The practical significance of the article consists in the applicability of its results for improving the legal regulation in the context of the complication of the ecosystem, the growth of the market and the scale of the audience of online computer games.

The judicial response to rent controls in Europe: Protecting property rights against state’s intervention?

This essay examines, from a legal and economic perspective, the judicial response to rent controls in the EU focusing on three courts that operate at the fundamental rights and constitutional level: the European Court of Human Rights (ECtHR), the German Federal Constitutional Court (BVerfGE), and the Italian Constitutional Court. Based on an analysis of a sample of judicial decisions rendered over time, a convergent trend emerges: these Courts have recognized and effectively protected the landlord’s property rights against rent controls that were disproportionate and could not ensure a reasonable return on investment. This trend is prominent in the jurisprudence of the ECtHR: the Strasbourg Court has contributed to reshaping the distribution of power between tenants and landlords, encouraging the transition of Eastern and Southern European Countries to the common European housing market. In both upholding and striking down rent control measures, judges generally take market value and the comparative reference price as the preferred benchmarks for fair rent price. A consumption-based and financial characterization of housing, coupled with the fundamental right to derive economic benefits as core elements of the right to property, underpin the legal reasoning of the three Courts.

Digital Warfare: Exploring Cyber Criminality Amidst Armed Conflict in Southwest Region of Cameroon

This research investigates the alarming rise of cyber criminality in the Southwest region of Cameroon, a trend significantly influenced by the ongoing armed conflict that has engulfed the area. Employing a doctrinal research methodology, the study conducts a rigorous content analysis of both primary sources such as case law, treaties, legislative texts, direct observations, and policy documents and secondary sources, including scholarly textbooks, journal articles, comprehensive reports, and various online materials. The analysis utilizes diverse legal reasoning methods, including deductive, inductive, and analogical reasoning. Findings reveal a troubling surge in cyber-criminal activities since the onset of the armed conflict in English-speaking Cameroon, driven by interrelated factors such as rampant unemployment, pervasive economic hardship, widespread illiteracy, and the displacement of individuals. In light of these findings, it is crucial for the Cameroonian government to devise and implement effective strategies that not only combat cyber-crime but also address the socio-economic challenges exacerbated by the conflict. Such comprehensive measures are vital for restoring stability and security in the Southwest region and for fostering a resilient society capable of overcoming the dual impacts of cybercrime and armed conflict.

The Hungarian Retail Sales Tax in the Changing EU Context

In the last twenty years, Hungary has had three periods of special taxes (introduced as a result of the crises), but before and after 2010, and after the recession following the COVID-19 epidemic and the Russian-Ukrainian war, there were different legal policy reasons behind special taxes (including the retail sales tax). This raises questions as to whether the regulatory solutions implemented to address market failures during the first period are playing the same role today as they did in the past, and how their role has changed over the years. The introduced taxes often remain part of the general tax system, i.e. they are applied on a permanent basis (rather than on a temporary basis, as is usual with special taxes), and in 2023 they already accounted for almost 14% of total tax revenue (a higher proportion than, for example, corporate tax), which puts their role in the tax system in a different light. The Court of Justice of the European Union (CJEU) has repeatedly examined the EU framework, but it appears that the control has been weakened, mainly due to the impact of the current crises. At the same time, the Hungarian Constitutional Court is bound by the limits of the debt brake when examining the constitutional framework. The study explores the regulation of the Hungarian retail sales tax and its EU context, in particular with regard to the changes triggered by the crises. The introduced taxes often remain part of the general tax system, i.e. they are not applied on a temporary basis, and in 2023 they already accounted for almost 14% of total tax revenue (a higher rate than, for example, corporate tax), which puts their place in the tax system in a different light. The Court of Justice of the European Union (CJEU) has repeatedly examined the EU framework, but it appears that the control has been weakened, mainly due to the impact of the current crises, while the Hungarian Constitutional Court is bound by the limits of the debt brake when examining the constitutional framework.The study deals with the regulation of the Hungarian retail sales tax and its EU context, in particular with regard to the changes induced by the crises.

Artificial Reason and Artificial Intelligence: the Legal Reasoning Capabilities of GPT-4

Artificial Reason and Artificial Intelligence: the Legal Reasoning Capabilities of GPT-4