The survey of semiotics theory for AI and Law, will be in 1.survey of problem, research purpose 2. rule and principle legal theory, examples of hard cases 3.dual semiotics model developing 4.implementation of model in the argumentation of hard cases 5. a semiotics model to explain and applying legal ontology for AI and Law. We would use the model of semiotics ontology as a new tool to selection of rules types in cases by symbol theory.

Joint International Doctoral (Ph.D) degree in Law, Science and Technology

Yi-An Sun Doctoral candidate of Joint International Doctorate in Law, Science and Technology Contact details: e-mail: yiansun@hotmail.com. Phone: +39 389 840 6325.

A Survey of Legal Semiotics Ontology for AI and Law

RESULTS

INTRODUCTION Semiotics is the study of signification in the wide sense. This means that semiotics is concerned with significations which are not verbally conveyed, such as gestures, pictures, other visual signs, etc. Semiotics is a systematic science which search to establish general rules and invariants. Thus to use semiotics ontology in law will contribute to AI a n d L a w f i l e d .

As legal scholars focuses on the legal norms and principles of law, involves the intrinsic moral value judgments and the legal division of the different social, legal pragmatism scholars from the United States law theory proposed by Holmes, Posner, Dworkin law theory, and common law cases in the analysis of difficult cases, we can see that the contemporary Anglo-American jurists, but also in the non-rational and rational processing, the odd logic and the integration of poetic wisdom, in this paper we will try to deal with the semiotic and legal philosophy of the contact, another way to legal o n t o l o g y f o r l e g a l t h e o r i e s a n d recommendations presented in the integrity of t h e J u r i s p r u d e n c e v i e w .

PROBLEM STATEMENT

AIM OF THE RESEARCH

We know Complexity and vagueness of legal s y s t e m a r e d i s c u s s e d a m o n g r e c e n t developments in AI and law, legal theory, argumentation. To study semiotics of law, and legal ontology provide an important opportunity to integrate different trends of research in semiotic s and law, including comparative legal studies. Legal theory, Jurisprudence, (or philosophy of law) to find other contributions from other argumentation disciplines or missing links to help both formalization in the dynamics of complex legal systems and to capture relations among normativity.

In this research survey cross semiotics with AI and Law, I would use the rule and principle legal theory from Roland Dworkin, to make a comparison of rules types in hard cases. By the example of hard cases analysis and briefing from Dworkin’s illustration, we would make clear how and why rules become limited in complexity of social reality.

RESEARCH METHODS

While significance of legal meanings become a chain of Semiosis process, we believe the semiotics of law study could contribute the classification and explicitly pointing of justification dilemma or hard cases reviews. Therefore the paper will divided into two question also as implications structure to argue the concept of semiotics in law by hard cases. First question is: Theory of rules and principles , review hard cases and classification, what will Judge apply the argumentation technique in hard cases? Than, Rethinking legal logic in Jurisprudence, what we go beyond syllogism? While Judges are facing hard cases, the creation of law? Semiotics of Law views. However, it’s very limited to show how complex the social reality by hard case, to implicit firs the problem in creation of law, than to debate the argumentation possibility by legal semiotics methodology.

CONCLUSIONS

Thus we make the model of dual semiotics model to explain the structure of rules in hard cases, to make it a possible clear way to understand how and why rules is limited in the act of legal symbol activity and how we can response to the argumentation in this kind of legal reasoning. More over, the semiotics model will be helpful in AI &Law field to be a selection tool in case-bases legal expert system.

Although the unavoidable nature of legal system of vagueness in many objective reasons, the semiotics methodology developed from the study of meaning by symbol theory. It would be a good approach to make the problem of complexity become clear for legal argumentation and legal reasoning Jurisprudence.

!  In the book “Law Empire”, Dworkin creates a Hercules image of superman Justice, and the aesthetic chain novel for better judgment enterprise. We now review his examples of hard cases, such as the following four cases: 1.Riggs vs . Pa lmer, 2 .McLoughl in vs . O 'Br ian , 3.Tennessee Valley Authority vs. Hill, 4.Brown vs. Board of Education. We see different type of dilemma when norms, principle and rules encounter different blank or critical cage of social reality. Thus, to distinguish the category of hard cases would be helpful to make better justification in legal reasoning for sure.

!  In Roland Barthes, Saussure’s ERC Dual layer semiology model, by definition and study of symbol function, a symbol=signified +signifier. Only complete structure can convey good meaning and effect of symbol. In the analysis of rule and cases, we can take Rule=signifier, Cases=signified, without these two complete structure, it becomes a hard case because it’s not a functional legal effect or legal symbol. Thus to use this model for selection in case-based system will be very clear and possible classify the selection of the relation between rules and cases. Symbol is functional only if complete within the dual structure.

www.last-jd.eu