Journals

The Legacy of Justice Aharon Barak: A Critical Review

The author takes a critical review of the judicial tenure of Israeli Justice Aharon [...]

China’s Proposed International Adoption Law: The Likely Impact on Single U.S. Citizens Seeking to Adopt from China and the Available Alternatives

The author outlines Chinese adoption policy and explores the ramifications of a proposed new law on U.S. potential adoptive [...]



The application of fuzzy logic to the precautionary principle

Abstract  One of the major problems in the implementation of the precautionary principle in environmental cases is the estimation of
the weight of evidence. In this paper we propose a formal method that determines the weight of evidence based on the specific
parameters of a given case. The proposed method is based on an artificial intelligence approach called fuzzy logic, which is commonly used as an interface between logic and human perception, and often applied to computer-based complex decision
making. We use one fuzzy expert system that provides a quantification of the estimated environmental damage, and a second
fuzzy expert system that computes the weight of evidence in a given case. The proposed expert system can be easily defined
and adjusted by regulators and environmental science and policy experts.

  • Content Type Journal Article
  • Category Original Paper
  • DOI 10.1007/s10506-007-9049-x
  • Authors
    • Mirit Shamir, Michigan Tech Department of Social Science 1400 Townsend Dr. Houghton MI 49931 USA
    • Lior Shamir, Michigan Tech Department of Computer Science 1400 Townsend Dr. Houghton MI 49931 USA
    • Mary H. Durfee, Michigan Tech Department of Social Science 1400 Townsend Dr. Houghton MI 49931 USA

Detainee Policy and the Rule of Law: A Response

Prof. Robert Knowles, who currently represents detainees at Guantanamo Bay, offers a critique of John Bellinger’s remarks on the Military Commissions [...]

Electronic institutions for B2B: dynamic normative environments

Abstract  The regulation of the activity of multiple autonomous entities represented in a multi-agent system, in environments with no
central design (and thus with no cooperative assumption), is gaining much attention in the research community. Approaches
to this concern include the use of norms in so-called normative multi-agent systems and the development of electronic institution
frameworks. In this paper we describe our approach towards the development of an electronic institution providing an enforceable normative environment. Within this environment, institutional services are provided that assist
agents in forming cooperative structures whose commitments are made explicit through contracts. Our normative framework borrows
some concepts from contract law theory. Contracts are formalized using norms which are used by the institution while monitoring
agents’ activities, thus making our normative environment dynamic. We regard the electronic institution as a means to facilitate
both the creation and the enforcement of contracts between agents. A model of “institutional reality” is presented that allows
for monitoring the fulfillment of norms. The paper also distinguishes our approach from other developments of the electronic
institution concept. We address the application of our proposal in the B2B field, namely regarding the formation of Virtual
Organizations.

  • Content Type Journal Article
  • Category Original Paper
  • DOI 10.1007/s10506-007-9044-2
  • Authors
    • Henrique Lopes Cardoso, University of Porto LIACC – NIAD&R, Faculty of Engineering R. Dr. Roberto Frias Porto 4200-465 Portugal
    • Eugénio Oliveira, University of Porto LIACC – NIAD&R, Faculty of Engineering R. Dr. Roberto Frias Porto 4200-465 Portugal


Contracting agents: legal personality and representation

Abstract  The combined use of computers and telecommunications and the latest evolution in the field of Artificial Intelligence brought
along new ways of contracting and of expressing will and declarations. The question is, how far we can go in considering computer
intelligence and autonomy, how can we legally deal with a new form of electronic behaviour capable of autonomous action? In
the field of contracting, through Intelligent Electronic Agents, there is an imperious need of analysing the question of expression
of consent, and two main possibilities have been proposed: considering electronic devices as mere machines or tools, or considering
electronic devices as legal persons. Another possibility that has been frequently mentioned consists in the application of
the rules of agency to electronic transactions. Meanwhile, the question remains: would it possible, under a Civil Law framework,
to apply the notions of “legal personhood” and “representation” to electronic agents? It is obvious that existing legal norms
are not fit for such an endeavouring challenge. Yet, the virtual world exists and it requires a new but realistic legal approach
on software agents, in order to enhance the use of electronic commerce in a global world.

  • Content Type Journal Article
  • Category Original Paper
  • DOI 10.1007/s10506-007-9046-0
  • Authors
    • Francisco Andrade, Universidade do Minho Escola de Direito Campus de Gualtar Braga 4710-057 Portugal
    • Paulo Novais, Universidade do Minho Departamento de Informática, Escola de Engenharia Campus de Gualtar Braga 4710-057 Portugal
    • José Machado, Universidade do Minho Departamento de Informática, Escola de Engenharia Campus de Gualtar Braga 4710-057 Portugal
    • José Neves, Universidade do Minho Departamento de Informática, Escola de Engenharia Campus de Gualtar Braga 4710-057 Portugal