Categorisation of norms

Categorisation of Norms

Emile de Maat

Radboud Winkels

8/9/20102

Ultimate Goal

Computer support!

NL text

Structured

text with

explicit and

typed refs

Model of

individual

provisions

Integrated

model of

meaning

Semantic Network

(ICAIL 2005; JURIX 2006)

CLIME

E-POWER

ESTRELLA

…

8/9/20103

Ultimate Goal

NL text

Structured

text with

explicit and

typed refs

Model of

individual

provisions

Integrated

model of

meaning

Semantic Network

(ICAIL 2005; JURIX 2006)

E-POWER

ESTRELLA

Recognizing

and

classifying

Model

fragment

suggestions

8/9/20104

Steps

Structure of Legislation

Types of sentences

8/9/20105

Structure of Law: Basic Rules

The law sets rules for the people living in a country

The rules tell them what their rights and duties are

General Child Benefit Law, article 7, sub 1

Conform the stipulations of this law, the insured has a right to

child benefit for an own child, a stepchild and a foster child

which:

a. is younger than 16 years of age and belongs to his household; or

b. is younger than 18 years of age and is maintained by him for a significant amount.

8/9/20106

Structure of Law: Additional Rules

Laws contain additional rules

General Child Benefit Law, article 24b

By Ministerial Decree additional rules can be set regarding the articles

24, sub 1, 2, 3, 4, 5 and 6, and 24a.

Hart: Secondary rules

Rules of recognition

Rules of change

Rules of adjudication

8/9/20107

Structure of Law: More Additional Rules

General Child Benefit Law, article 14, sub 2

A request is made by means of an application form, which is provided by

the Social Insurance Bank.

A duty: the form must be used when making a

request

Not a “core” rule, but a “follow-up” on another

rules

Somewhat different from a primary rule, but not a

secondary rule

8/9/20108

Structure of Law: Layers

8/9/20109

Structure of Law: Definitions

Defining sentences

Not a primary rule, nor a secondary rule

Sometimes not even a rule, but merely a tool

to make the text more readable (abbreviations)

8/9/201010

Structure of Law: Layers and Definitions

8/9/201011

Layers and Systems

Layering is visible in most existing systems

(or their underlying models)

Usually, only one or two layers are present

in a model

8/9/201012

Possible Ideal Situation

8/9/201013

Additional Benefits

Most models do not have a (complete)

mapping to the original legal text

(isomorphic representation)

Rules are omitted

Terms are specified

Different legal constructs are mapped in the

same way in the model

An integral “base” model can maintain

isomorphism more easily

Easier to maintain

8/9/201014

Approach: Mapping sentences to model fragments

In Dutch Law, most norms are contained in

a single sentence

In order to come to an isomorphic

representation, model each sentence

individually, and then integrate them

8/9/201015

Core rules

Right or duty

Passport Law, article 9

Every Dutchman has, within the limits as determined in this law, a right

to a national passport, valid for five years and for all countries.

Using signal words (right, must) or

“statement of fact”

Funeral Law, article 46, sub 1

No bodies are interred on a closed cemetery.

8/9/201016

Core Rules: Definitions

DefinitionsGeneral Administrative Law, article 1:4, sub 1

By administrative judge is understood: an impartial body that is

appointed by law and charged with administrative judicial settlement.

Extensions

Deeming ProvisionsIncome Tax Law, article 3.2.2.9, sub 5

For the application of this article, a ship that is permanently tied to one

spot is also considered to be a house.

8/9/201017

Core rules: Support by definitions

The (sentences containing) core rules are

supported by the different defining

sentences

8/9/201018

Core rules: Application provision

Specifies additional conditions under which

a norm does (or does not) apply

Securities Market Supervision Act , article 46b, sub 2

Sub 1 does not apply to a partnership as meant in the Civil Code, book 2,

article 76a.

8/9/201019

Core rules: Exceptions

An exception is a norm that takes

precedence over another norm

Announced by the phrase “In deviation of”

Similar to an application provision: the

other norm does not apply

8/9/201020

Core rules: Sanctions

Some normative sentences include

sanctionsPenal code, article 111

Intentionally insulting the King is punished with a prison sentence of at

most five years or a monetary fine of the fourth category.

Determination crime/misdemeanourForeign Ships Act, article 11, sub 3

The facts marked as punishable under sub 1 are crimes. The facts

marked as punishable under sub 2 are misdemeanours.

8/9/201021

Core Rules: Complete Structure

8/9/201022

Procedural Norms

Procedural Norms follow the same

structure as core norms

Electoral Law, article J 25, sub 1

The voter hands his polling card to the chairman of the polling station.

Meaning is different, however:

Consequences

Context (order)

8/9/201023

Creating Norms

Imply the duty to create and maintain

something

Electoral Law, article A 1

A voting council exists, which resides in The Hague.

8/9/201024

Delegation

Confer norm-issuing powers

Telecommunication Law, article 7.6, sub 2

By administrative order, rules will be posed to which the subscriber

information service should conform.

8/9/201025

Modification, enactment, repeal

Modify existing laws

Lease Law, article 189

Retracted are:

a. the Lease Law (Stb. 1937, 205); henceforth, she will be referred to as

Lease Law 1937;

b. the Crisis Lease Law 1932.

8/9/201026

Multiple Norms in One Sentence

Two main clausesBailiff Law, article 3a, sub 3, second sentence

Because of required speed, the notice may be given orally, in which case

it is immediately confirmed in writing.

Two sidesCustoms Law, article 13, sub 1

During the investigation, as meant in article 12, only civil

servants of the Tax Administration, that have been selected by

the inspector, may enter a house without the inhabitant’s

permission.

8/9/201027

Conclusions (1)

Several layers of provisions can be

distinguished

They operate on different domains,

subjects or tasks, but do have overlap

Domain and task specific models often

focus on only one or two layers

Domain and task specific models often

extract only the rules needed for their

goals, losing isomorphy

8/9/201028

Conclusions (2)

Making a model of the complete law

retains isomorphism, facilitates

maintenance when the law changes

Only useful if the law changes often, and if

more than one domain model is generated

from it

Additional use in checking a bill for

consistency and effects

8/9/201029

Conclusions (3)

Dutch Law:

Provisions usually match one sentence

Several types of sentences can be easily

distinguished

Max 5 language constructs per type

Automatic recognition and classification seems

doable

Types not specific for Dutch law

(cf. Tiscornia e.a. for Italian law)

8/9/201030

Next steps

Parser/classifier for sentences in

legislation

Design model fragments for types