Since 1951 Deontic Logic, founded by Georg Henrik von Wright1, a finnish logician and
philosopher, Wittgenstein’s scholar, showed its particular attitude to serve many branches of
philosophical research, from the logic to the law2.
Despite it actually the things are not so and the reason is simple: deontic logic only captures our
normative intuitions, moral underlying structure of our language 3, but nothing more. And the reason
of this is clear. In fact, deontic logic was born as a particular logical treatment of non – assertoric
propositions, an result by recent logical neopositivism4. There exists a tension between formal
theory and the language5, notably practical language. But this doesn’t prevent to formalize
normative uses of the language.
It seems to me that it’s a useful tool for analyzing the normative uses of moral language, what we
use to express normative sentences or commands, forbids and so on … Perhaps the same normative
stances that we use in law.
So, I wish to describe in this paper what can deontic logic do for a particular branch of law:
computer applications to it. At all, I think about the deontic logic as a tool for computer law, even if
there are many difficulties that must be considered before to go beyond.
COMPUTER LAW
Since 1949 Information Technology had a great influence on Law, not only on the study of Law,
but on the Law’s applications too. In fact, it appeared immediately how it’s important to upgrade
the Law to new developments of human history.
Loevinger first proposed to use a new term, Jurimetric, for this new field of Law, today well
known as Computer Law6. Probably, he thought of computers as possible tools for teaching law (i.e.
law’s learning) or to solve some tasks (i.e. records of cases).
(here full article)
Nessun commento:
Posta un commento
Se desideri commentare un mio post, ti prego, sii rispettoso dell'altrui pensiero e non lasciarti andare alla verve polemica per il semplice fatto che il web 2.0 rimuove la limitazione del confronto vis-a-vi, disinibendo così la facile tentazione all'insulto verace! Posso fidarmi di te?