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The modular logic of private international law

The modular logic of private international law We provide a logical analysis of private international law, a rather esoteric, but increasingly important, domain of the law. Private international law addresses overlaps and conflicts between legal systems by distributing cases between the authorities of such systems (jurisdiction) and establishing what rules these authorities have to apply to each case (choice of law). A formal model of the resulting interactions between legal systems is proposed based on modular argumentation. It is argued that this model may also be useful for governing the interactions between heterogeneous agents, belonging to different and differently regulated virtual societies, without recourse to a central regulatory agency. The model also provides for multiple interpretations concerning rules of private international law as well as substantive rules of the different legal systems. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Artificial Intelligence and Law Springer Journals

The modular logic of private international law

Artificial Intelligence and Law , Volume 19 (3) – Sep 14, 2011

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Publisher
Springer Journals
Copyright
Copyright © 2011 by Springer Science+Business Media B.V.
Subject
Computer Science; Artificial Intelligence (incl. Robotics); Philosophy of Law; Law of the Sea, Air and Outer Space; Legal Aspects of Computing; Computational Linguistics
ISSN
0924-8463
eISSN
1572-8382
DOI
10.1007/s10506-011-9112-5
Publisher site
See Article on Publisher Site

Abstract

We provide a logical analysis of private international law, a rather esoteric, but increasingly important, domain of the law. Private international law addresses overlaps and conflicts between legal systems by distributing cases between the authorities of such systems (jurisdiction) and establishing what rules these authorities have to apply to each case (choice of law). A formal model of the resulting interactions between legal systems is proposed based on modular argumentation. It is argued that this model may also be useful for governing the interactions between heterogeneous agents, belonging to different and differently regulated virtual societies, without recourse to a central regulatory agency. The model also provides for multiple interpretations concerning rules of private international law as well as substantive rules of the different legal systems.

Journal

Artificial Intelligence and LawSpringer Journals

Published: Sep 14, 2011

References