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Subject: Re: questions regarding AN complaint example


Hi Tara,
in the text my comments.

Yours,
monica

Il 02/08/2012 22:36, Tara Athan ha scritto:
Thanks, Monica. That was enough information for me to resolve that part of the example.

Now I have a new question. In the complaint example, there is no explicit mention of time in the rules themselves, yet the temporal characteristics of the norm (period of efficacy etc) should have some connection to the time period where it is being asserted that the axioms hold.
*** the temporal parameters in the norms are classified into two types:
- internal temporal parameters when the norms talk about events, intervals, time. Some time the norms define also the external temporal paramneters of the other textual provisions. In this case we have
- external temporal parameters established by external rules not written in the text or in the norm but decided by other high level norms (gunternorm Kelsen, constitutional law, legislative process regulation, etc.)

For this reason we need to have <ruleInfo> where to state the external temporal information as axioms.


In this example, there are variables, such as <Var>X</Var> corresponding to events, which will inherently have a temporal duration.
Can we assume that the implementation will figure out how to apply the period of efficacy to the temporal duration of these events?
Something like an implicit restricted quantification, forall <Var>X</Var> where the duration of <Var>X</Var> is within the period of efficacy of the norm,
it holds defeasibly that ...
*** Several comments.

A. We need to distinguish internal events and external events.
The internal event that you mentioned are "legally valid" only respect the external temporal parameter (inforce and efficacy).
So usually we have a set of rules valid in t1, a set of rules valid in t2, etc. for t3, t4.
Each set of rule is connected to the respective textual provision inforce in t1, t2, t3.

r1-v1-effectiveIn-t1 (where t1 is an interval)
r1-v2-effectiveIn-t2
r1-v3-effectiveIn-t3

r1-v1-isConnectedTo-textsec23-v1
r1-v2-isConnectedTo-textsec23-v2
r1-v3-isConnectedTo-textsec23-v3

A. Take in consideration that the t1, t2, t3 can change over time and the rule could not change (e.g. annulment by a constitutional court)
So we can have:

r1-v1-effectiveIn-t1 (where t1 is an interval)
r1-v2-effectiveIn-t2
r1-v3-effectiveIn-t3
r1-v2-effectiveIn-t5 where t5 says: inforce in t4 (when happened the annulment) and effective in t1.1 in retroactive way

<ruleInfo> block says when the rules are legally valid respect inforce and efficacy temporal external parameters.

C. We usually filter the rules needed for the reasoner on the base of the fact happened (e.g. crime, tort, fact). The Fact is happened in tx so we filter the rules valid in the tx.

D. It is not all the story: we have different set of temporal external parameters respect body, head, atom and rule.
rule((head(t2), body(atom1(t1), atom2(t2))) t3)

Example: emergency regulation, earthquake, flood, etc.
Italian case: Act 2012(effective 2012) says that the people affected by earthquake in 2010 Abruzzo with particular conditions effective in 2012, will not pay tax in the future financial year 2013.

So the Rule1(head(2013); body(atom1(2010), atom2(2012))) 2012)
Note that Rule1 is effective since the 2012 even if the head will be effective in 2013.
In this case the judge could be decide, on the base of the effectiveness of the ACT, to suspend the trial (ex. tax-evasion trial) for waiting for the 2013 in order to see if the company will pay the tax after the derogation period.

This is the reason why we prefer to use metadata/axioms for the static external temporal parameters rather than deliberation rules that we will reserve for the Internal temporal parameters and for the MetaRules.

E. Metarules are rules about rules. One of these metarules are usullay modification of the External temporal Paramters.
E.g. change "2004" in "2012" where 2004 is the year of ending/starting the efficacy.

F. We have static events and dynamic event.
Static classical events in legal document are: date of assent, date of publication, date of the first enter into force of the whole ACT (in some legal tradition is fixed by constitution)
Dynamic events in legal document are: enter into force of the partitions, enter in efficacy of the partitions, application of a partition

Personally I am open to see possible different solutions that you can propose.


Or does the LegalRuleML document need to supply any hints to the implementation about how temporal constraints are to be applied?

Tara


On 8/1/2012 10:18 AM, monica.palmirani wrote:
Hi Tara,

please find the comment in the text.
If you need more please let me know, we can fix a skype session.

Cheers,
monica
Il 30/07/2012 22:42, Tara Athan ha scritto:
Monica - I have several questions

1.  I am confused about the management of "local" ontologies in Akoma Ntoso and how that affects references to these ontologies from LegalRuleML.

For example, the complaint example contains

        <TLCConcept id="complaint" href=""
          showAs="Complaint"/>

This concepts seems to take its place in a very general ontology, that could be referenced by any number of legal texts. However, the particular concept of "Complaint" as used in this code is much more specific, being restricted only to complaints in the telecommunications industry.

How is this reconciled?

Further, there is a different definition of complaint in the two examples, so it seems to me there should be different complaint concepts. (complaint-v1, complaint-v2)
*** it is supposed to have an ontology that is able to manage the evolution of the classes over time.
So in Akoma Ntoso the purpose, especially for the legal concepts, is to favor the semantic searching through a light ontology (e.g. give me all the Akoma Ntoso documents that include the "compliant" legal concept).
For this purpose we have pointed to a general abstract class "complaint" that in case is split in different sub-classes (reduction or extension) depending from the time "compliant-v1", "compliant-v2", etc.
I remind you that /ontology/concepts/complaint/ is a logic URI reference not a physical URL to the resource. In case there is a "resolver" that is able to detect the proper sub-class (_expression_ of the class) on the base of the proper time of the _expression_ of the Akoma Ntoso document.

Inside of the rules, the use of the class ontology is different. We need to be more precise.  If you would like to point out to the precise compliant version in t1, you should have /ontology/concepts/complaint/compliant-v1
But again in Akoma Ntoso vision the call could be also dynamic /ontology/concepts/complaint:t1 in order to not know the internal evolution of the ontology during the document markup.


2. Regarding the management of identifiers for versions.
The example contains

<FRBRExpression>
          <FRBRthis value="/au/2007-09-10/C628/main/eng@2012-09-01/main"/>
          <FRBRuri value="/au/2007-09-10/C628/eng@2012-09-01"/>
          <FRBRalias value="/au/2007-09-10/C628/eng@"/>

I'm not clear on whether this alias should be used for the identifiers from the first version, since at the time they were created there was no "/au/2007-09-10/C628/main/eng@2012-09-01/main"
Or is this alias just an informative annotation, so the identifiers for the first version should be, e.g.
"/au/2007-09-10/C628/main/eng@2012-09-01/main#sec2.2-list1-itm24-v1"
yes the alias is just an informative annotation or an abbreviation useful for the resolver
In the latter case, it seems like the markup of the first version is essentially replaced by the multi-version markup when there is a new version released. In this case, it seems there is a risk of "dead links", if there were other documents that referred to the version 1 of this document using the old identifiers. So there would need to be a mapping from the old identifiers to the new ones. I am guessing this is where the alias comes in. However is there an assumption of a rewrite convention:

"/au/2007-09-10/C628/eng@#sec2.2-list1-itm24" ==> "/au/2007-09-10/C628/main/eng@2012-09-01/main#sec2.2-list1-itm24-v1"

where both the prefix (replace eng@ with main/eng@2012-09-01/main) and the suffix are changed (add -v1)?
** the multiversioning document is a document that includes all the versions in the same time.

So yes the first version is replaced by the second one.
In Akoma Ntoso is not the only way to manage the versioning.
Another technique is to make two manifestation for two versions.
Sincerely speaking I don't like the multiverisioning for several legal reasons (e.g. legal interpretations and annotation, digital signatures, etc.) but it is a possible technique used by different pilot cases (e.g. California State, some Italian Regions, etc.).

The normative reference to a the legal document is usually a DYNAMIC logic link so the reference is made using the "work" annotation of the reference. Not only in the Akoma Ntoso, but also in URN:LEX, CELEX, etc. there is this attitude in the legal domain because the "section 2.2 item 24" is a dynamic pointer over time.
So it is used this annotation for referring to a fragment of a resource /au/2007-09-10/C628/#sec2.2-list1-itm24
where
"/au/2007-09-10/C628/" is the work and
"#sec2.2-list1-itm24" is the fragment.

The resolver is able to calculate the correct version of the document to point to on the base of the date of navigation of the law. If I navigate today to the law, I point to the version of today, after one year I need to navigate to the version valid in the proper time without to modify the XML files. If I navigate the version 3 (2009) all the links have to navigate to the proper version valid in 2009. So usually in legal domain we use dynamic link and the resolver converts to the proper URL. Temporal issue in legal domain is really complex.

In case you need to fix the navigation to a proper STATIC link without to know nothing about the versioning approach of the XML, you can use /au/2007-09-10/C628/eng@:t1/#sec2.2-list1-itm24 and this dynamic call returns to you the proper fragment /au/2007-09-10/C628/eng@2012-09-01/#sec2.2-list1-itm24-v2


What this boils down to is
1. I'm not sure what identifiers to use for the "v1" part of the LegalRuleML; and

2. I'm not sure if there is a need to add an "alias" statement to the LegalRuleML, or is this taken care of by the Akoma Ntoso?

*** recap
2) for LegalRuleML is not necessary to use alias
1) for my point of view LegalRuleML can manage references to "work" or "_expression_" or "manifestation" (discouraged but possible especially for those standards that are not based on FRBR model). In our example you can use
work  /au/2007-09-10/C628/#sec2.2-list1-itm24 and to delegate the connection with the textual resources to a resolver (I will present in the Challenge)
or
expressions (even if it is verbose)
/au/2007-09-10/C628/eng@2012-09-01#sec2.2-list1-itm24-v1
/au/2007-09-10/C628/eng@2012-09-01#sec2.2-list1-itm24-v2
or
dynamic URI reference (I will present in the Challenge)
/au/2007-09-10/C628/eng@:t1/#sec2.2-list1-itm24




.




.



-- 
===================================
Associate professor of Legal Informatics 
School of Law
Alma Mater Studiorum Università di Bologna 
C.I.R.S.F.I.D. http://www.cirsfid.unibo.it/ 
Palazzo Dal Monte Gaudenzi - Via Galliera, 3 
I - 40121 BOLOGNA (ITALY) 
Tel +39 051 277217 
Fax +39 051 260782 
E-mail  monica.palmirani@unibo.it 
====================================



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