Abstract: |
Computer and Law is a transdisciplinary research field, which has received increasing attention from researchers in the past twenty-five years. The problem of presenting the legal domain has been investigated in different perspectives by researchers. One of them is the ontological perspective. Specifically, there are some kind of ontologies called legal core ontologies (LCO), which represent generic legal concepts (e.g. legal norm, legal fact, and legal relation), usable in different legal domains. Despite the efforts of researchers in the search for a computational solution that satisfactorily represent the legal domain, frequently researches have not taken into account the use of legal theories, resulting in a gap between the conceptualizations that are typically considered in the areas of Computer Science and the study of the Law. In this Ph.D. proposal, we defend the use of two pillars: legal theories and foundational ontologies. In addition, we defend, that the choice of a legal theory must take into account the needs of the contemporary juridical world. In this sense, the choice of a legal theory that does not take account the importance of principles as legal norms will result in a non-flexible computing solution, distant from the juridical reality. For this reason, we have chosen Alexy’s Theory of Fundamental Rights (Alexy, 2010). We propose removing the focus of legal norms and put it in legal relations (subjectivist view). As a result, we expect to achieve a legal core ontology that comes closer honor the current practice in the area of Law. Under the computational perspective, the construction of the LCO proposed here is based on the Unified Foundational Ontology (UFO) and propose a new layer for UFO. This layer (called UFO-L) will represent the generic legal concepts extracted from selected legal theories. In short, this research aims to answer the following questions: Is the use of ontologies effective to represent the contemporary legal world from the legal relations perspective? What benefits does the LCO provide for modeling legal domains? |