Categorisation of norms
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Categorisation of Norms Emile de Maat Radboud Winkels
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Transcript of Categorisation of norms
8/9/20102
Ultimate Goal
Computer support!
NL text
Structured
text with
explicit and
typed refs
Model of
individual
provisions
Integrated
model of
meaning
Semantic Network
(ICAIL 2005; JURIX 2006)
CLIME
E-POWER
ESTRELLA
…
8/9/20103
Ultimate Goal
NL text
Structured
text with
explicit and
typed refs
Model of
individual
provisions
Integrated
model of
meaning
Semantic Network
(ICAIL 2005; JURIX 2006)
E-POWER
ESTRELLA
Recognizing
and
classifying
Model
fragment
suggestions
8/9/20104
Steps
Structure of Legislation
Types of sentences
8/9/20105
Structure of Law: Basic Rules
The law sets rules for the people living in a country
The rules tell them what their rights and duties are
General Child Benefit Law, article 7, sub 1
Conform the stipulations of this law, the insured has a right to
child benefit for an own child, a stepchild and a foster child
which:
a. is younger than 16 years of age and belongs to his household; or
b. is younger than 18 years of age and is maintained by him for a significant amount.
8/9/20106
Structure of Law: Additional Rules
Laws contain additional rules
General Child Benefit Law, article 24b
By Ministerial Decree additional rules can be set regarding the articles
24, sub 1, 2, 3, 4, 5 and 6, and 24a.
Hart: Secondary rules
Rules of recognition
Rules of change
Rules of adjudication
8/9/20107
Structure of Law: More Additional Rules
General Child Benefit Law, article 14, sub 2
A request is made by means of an application form, which is provided by
the Social Insurance Bank.
A duty: the form must be used when making a
request
Not a “core” rule, but a “follow-up” on another
rules
Somewhat different from a primary rule, but not a
secondary rule
8/9/20109
Structure of Law: Definitions
Defining sentences
Not a primary rule, nor a secondary rule
Sometimes not even a rule, but merely a tool
to make the text more readable (abbreviations)
8/9/201011
Layers and Systems
Layering is visible in most existing systems
(or their underlying models)
Usually, only one or two layers are present
in a model
8/9/201013
Additional Benefits
Most models do not have a (complete)
mapping to the original legal text
(isomorphic representation)
Rules are omitted
Terms are specified
Different legal constructs are mapped in the
same way in the model
An integral “base” model can maintain
isomorphism more easily
Easier to maintain
8/9/201014
Approach: Mapping sentences to model fragments
In Dutch Law, most norms are contained in
a single sentence
In order to come to an isomorphic
representation, model each sentence
individually, and then integrate them
8/9/201015
Core rules
Right or duty
Passport Law, article 9
Every Dutchman has, within the limits as determined in this law, a right
to a national passport, valid for five years and for all countries.
Using signal words (right, must) or
“statement of fact”
Funeral Law, article 46, sub 1
No bodies are interred on a closed cemetery.
8/9/201016
Core Rules: Definitions
DefinitionsGeneral Administrative Law, article 1:4, sub 1
By administrative judge is understood: an impartial body that is
appointed by law and charged with administrative judicial settlement.
Extensions
Deeming ProvisionsIncome Tax Law, article 3.2.2.9, sub 5
For the application of this article, a ship that is permanently tied to one
spot is also considered to be a house.
8/9/201017
Core rules: Support by definitions
The (sentences containing) core rules are
supported by the different defining
sentences
8/9/201018
Core rules: Application provision
Specifies additional conditions under which
a norm does (or does not) apply
Securities Market Supervision Act , article 46b, sub 2
Sub 1 does not apply to a partnership as meant in the Civil Code, book 2,
article 76a.
8/9/201019
Core rules: Exceptions
An exception is a norm that takes
precedence over another norm
Announced by the phrase “In deviation of”
Similar to an application provision: the
other norm does not apply
8/9/201020
Core rules: Sanctions
Some normative sentences include
sanctionsPenal code, article 111
Intentionally insulting the King is punished with a prison sentence of at
most five years or a monetary fine of the fourth category.
Determination crime/misdemeanourForeign Ships Act, article 11, sub 3
The facts marked as punishable under sub 1 are crimes. The facts
marked as punishable under sub 2 are misdemeanours.
8/9/201022
Procedural Norms
Procedural Norms follow the same
structure as core norms
Electoral Law, article J 25, sub 1
The voter hands his polling card to the chairman of the polling station.
Meaning is different, however:
Consequences
Context (order)
8/9/201023
Creating Norms
Imply the duty to create and maintain
something
Electoral Law, article A 1
A voting council exists, which resides in The Hague.
8/9/201024
Delegation
Confer norm-issuing powers
Telecommunication Law, article 7.6, sub 2
By administrative order, rules will be posed to which the subscriber
information service should conform.
8/9/201025
Modification, enactment, repeal
Modify existing laws
Lease Law, article 189
Retracted are:
a. the Lease Law (Stb. 1937, 205); henceforth, she will be referred to as
Lease Law 1937;
b. the Crisis Lease Law 1932.
8/9/201026
Multiple Norms in One Sentence
Two main clausesBailiff Law, article 3a, sub 3, second sentence
Because of required speed, the notice may be given orally, in which case
it is immediately confirmed in writing.
Two sidesCustoms Law, article 13, sub 1
During the investigation, as meant in article 12, only civil
servants of the Tax Administration, that have been selected by
the inspector, may enter a house without the inhabitant’s
permission.
8/9/201027
Conclusions (1)
Several layers of provisions can be
distinguished
They operate on different domains,
subjects or tasks, but do have overlap
Domain and task specific models often
focus on only one or two layers
Domain and task specific models often
extract only the rules needed for their
goals, losing isomorphy
8/9/201028
Conclusions (2)
Making a model of the complete law
retains isomorphism, facilitates
maintenance when the law changes
Only useful if the law changes often, and if
more than one domain model is generated
from it
Additional use in checking a bill for
consistency and effects
8/9/201029
Conclusions (3)
Dutch Law:
Provisions usually match one sentence
Several types of sentences can be easily
distinguished
Max 5 language constructs per type
Automatic recognition and classification seems
doable
Types not specific for Dutch law
(cf. Tiscornia e.a. for Italian law)
8/9/201030
Next steps
Parser/classifier for sentences in
legislation
Design model fragments for types
