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George H Taylor - One of the best experts on this subject based on the ideXlab platform.
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practical hermeneutics the Legal Text and beyond
Journal of The British Society for Phenomenology, 2017Co-Authors: George H TaylorAbstract:This article attempts to show the continuing practical relevance of hermeneutics through the example of Legal interpretation. The article begins with the very concrete nature of Legal hermeneutics ...
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the practice of hermeneutics the Legal Text and beyond
Budhi: A Journal of Ideas and Culture, 2016Co-Authors: George H TaylorAbstract:This article attempts to show the continuing practical relevance of hermeneutics through the example of Legal interpretation. The article begins with the very concrete nature of Legal hermeneutics that forms everyday Legal practice—the interrelation of meaning and application— and expands at a more theoretical to show how Legal hermeneutics, and hermeneutics more generally, offers what Ricoeur calls an interpretive “choice in favor of meaning.” The choice in favor of meaning underscores the restorative character of hermeneutics that Legal hermeneutics can epitomize. The article concludes with some of the challenges facing contemporary Legal hermeneutics.
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Legal interpretation the window of the Text as transparent opaque or translucent
Revista de Estudos Constitucionais Hermenêutica e Teoria do Direito, 2011Co-Authors: George H TaylorAbstract:EnglishIt is a common metaphor that the Text is a window onto the world that it depicts. In Legal interpretation, the metaphor has been developed in two ways – the Legal Text as transparent or opaque – and the Article proposes a third – the Legal Text as translucent. The claim that the Legal Text is transparent has been associated with more liberal methodological approaches. According to this view (often articulated by critics), the Legal Text does not markedly delimit meaning. Delimitation comes from the interpreters. By contrast, stress on the opacity of the Legal Text comes from those who give priority to the Text rather than to any separable purpose lying behind the Text. The Article’s emphasis on the Legal Text as translucent builds on the hermeneutics of Paul Ricoeur and emphasizes the interrelation of Text and conText. To comprehend a Legal Text by reference to its conText is to appreciate the light that the conText brings to the Text and renders the thickness and color of the Text no longer opaque but translucent. The Text is translucent to its conText. The conText is not outside the Text but part of it. Attention to the Text without regard for its external conText may distort its meaning. The Article exemplifies this perspective by drawing on recent Legal scholarship and applies it briefly to a decision by the United States Supreme Court. The Article frames the attention to the Legal Text by referencing the debate over the Text as transparent, opaque, or translucent in literary and philosophic interpretation.Key words: Legal interpretation, hermeneutics, Ricoeur, transparent, opaque and translucent. portuguesE uma metafora comum dizer o Texto e uma janela para o mundo que retrata. Na interpretacao Legal, a metafora tem sido desenvolvida de duas formas: o Texto Legal como transparente ou opaco – e o artigo propoe um terceiro - o Texto Legal como translucido. A alegacao de que o Texto Legal e transparente tem sido associada com abordagens metodologicas liberais. De acordo com este ponto de vista (muitas vezes discutida pelos criticos), o Texto Legal nao delimita claramente o significado. A delimitacao vem dos interpretes. Por outro lado, a enfase sobre a opacidade do Texto Legal vem daqueles que dao prioridade ao Texto ao inves de outra finalidade destacada alem do Texto. A enfase do artigo sobre o Texto Legal como translucido e baseado na hermeneutica de Paul Ricoeur e enfatiza a inter-relacao do Texto e conTexto. Compreender um Texto Legal pela referencia ao seu conTexto e valorizar a luz que o conTexto traz para o Texto e transforma a espessura e cor do Texto de opaca para translucida. O Texto e translucido ao seu conTexto. O conTexto nao esta fora do Texto, mas parte dele. Atencao ao Texto sem levar em conta seu conTexto externo pode distorcer o seu significado. O artigo exemplifica esta perspectiva, baseado em bolsas de estudos juridicos recentes e aplicando-a a uma decisao do Supremo Tribunal dos Estados Unidos. O artigo foca o Texto Legal, fazendo referencia ao debate sobre o Texto o transparente, opaco ou translucido na interpretacao literaria e filosofica.Palavras-chave: interpretacao juridica, transparente, opaco e translucido.
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Legal interpretation the window of the Text as transparent opaque or translucent
Nevada Law Journal, 2010Co-Authors: George H TaylorAbstract:It is a common metaphor that the Text is a window onto the world that it depicts. In Legal interpretation, the metaphor has been developed in two ways – the Legal Text as transparent or opaque – and the Article proposes a third – the Legal Text as translucent. The claim that the Legal Text is transparent has been associated with more liberal methodological approaches. According to this view (often articulated by critics), the Legal Text does not markedly delimit meaning. Delimitation comes from the interpreters. By contrast, stress on the opacity of the Legal Text comes from those who give priority to the Text rather than to any separable purpose lying behind the Text. The Article’s emphasis on the Legal Text as translucent builds on the hermeneutics of Paul Ricoeur and emphasizes the interrelation of Text and conText. To comprehend a Legal Text by reference to its conText is to appreciate the light that the conText brings to the Text and renders the thickness and color of the Text no longer opaque but translucent. The Text is translucent to its conText. The conText is not outside the Text but part of it. Attention to the Text without regard for its external conText may distort its meaning. The Article exemplifi es this perspective by drawing on recent Legal scholarship and applies it briefl y to a decision by the United States Supreme Court. The Article frames the attention to the Legal Text by referencing the debate over the Text as transparent, opaque, or translucent in literary and philosophic interpretation.
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Legal interpretation the window of the Text as transparent opaque or translucent
2010Co-Authors: George H TaylorAbstract:It is a common metaphor that the Text is a window onto the world that it depicts. In Legal interpretation, the metaphor has been developed in two ways – the Legal Text as transparent or opaque – and the Article proposes a third – the Legal Text as translucent. The claim that the Legal Text is transparent has been associated with more liberal methodological approaches. According to this view (often articulated by critics), the Legal Text does not markedly delimit meaning. Delimitation comes from the interpreters. By contrast, stress on the opacity of the Legal Text comes from those who give priority to the Text rather than to any separable purpose lying behind the Text. Frederick Schauer, for example, argues that rule-following requires treating a rule’s generalization as entrenched and hence opaque. The Article’s emphasis on the Legal Text as translucent builds on the hermeneutics of Paul Ricoeur and emphasizes the interrelation of Text and conText. To comprehend a Legal Text by reference to its conText is to appreciate the light that the conText brings to the Text and renders the thickness and color of the Text no longer opaque but translucent. The Text is translucent to its conText. The conText is not outside the Text but part of it. Attention to the Text without regard for its external conText may distort its meaning. The Article exemplifies this perspective by drawing on recent work by Laurence Tribe and Justice Breyer and applies it briefly to recent Supreme Court jurisprudence. The Article frames the attention to the Legal Text by referencing the debate over the Text as transparent, opaque, or translucent in literary and philosophic interpretation.
Rajendra Pamula - One of the best experts on this subject based on the ideXlab platform.
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Text summarization from Legal documents: a survey
Artificial Intelligence Review, 2019Co-Authors: Ambedkar Kanapala, Sukomal Pal, Rajendra PamulaAbstract:Enormous amount of online information, available in Legal domain, has made Legal Text processing an important area of research. In this paper, we attempt to survey different Text summarization techniques that have taken place in the recent past. We put special emphasis on the issue of Legal Text summarization, as it is one of the most important areas in Legal domain. We start with general introduction to Text summarization, briefly touch the recent advances in single and multi-document summarization, and then delve into extraction based Legal Text summarization. We discuss different datasets and metrics used in summarization and compare performances of different approaches, first in general and then focused to Legal Text. we also mention highlights of different summarization techniques. We briefly cover a few software tools used in Legal Text summarization. We finally conclude with some future research directions.
Claire Grover - One of the best experts on this subject based on the ideXlab platform.
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automatic Legal Text summarisation experiments with summary structuring
International Conference on Artificial Intelligence and Law, 2005Co-Authors: Benjamin Clayton Hachey, Claire GroverAbstract:We describe a set of experiments using machine learning techniques for the task of extractive summarisation. The research is part of a summarisation project for which we use a corpus of judgments of the UK House of Lords. We present classification results for naive Bayes and maximum entropy and we explore methods for scoring the summary-worthiness of a sentence. We present sample output from the system, illustrating the utility of rhetorical status information, which provides a means for structuring summaries and tailoring them to different types of users.
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sentence classification experiments for Legal Text summarisation
International Conference on Legal Knowledge-based Systems, 2004Co-Authors: Benjamin Clayton Hachey, Claire GroverAbstract:We describe experiments in building a classifier which determines the rhetorical status of sentences. The research is part of a Text summarisation project for the Legal domain and we use a newly compiled and annotated corpus of judgments of the UK House of Lords. Rhetorical role classification is an initial step which pro- vides input to the sentence selection component of the system. We report results from experiments with four classifiers from the Weka package (C4.5, naive Bayes, Winnow and SVMs). We also report results using maximum entropy models both in a standard classification framework and in a sequence labelling framework. The SVM classifier and the maximum entropy sequence tagger yield the most promising results.
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a rhetorical status classifier for Legal Text summarisation
The Association for Computational Linguistics, 2004Co-Authors: Ben Hachey, Claire GroverAbstract:We describe a classifier which determines the rhetorical status of sentences in Texts from a corpus of judgments of the UK House of Lords. Our summarisation system is based on the work of Teufel and Moens where sentences are classified for rhetorical status to aid sentence selection. We experiment with a variety of linguistic features with results comparable to Teufel and Moens, thereby demonstrating the feasibility of porting this kind of system to a new domain.
Marcin Matczak - One of the best experts on this subject based on the ideXlab platform.
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Legal Text as a description of a possible world preliminary discussion of a model of Legal interpretation
Social Science Research Network, 2013Co-Authors: Marcin MatczakAbstract:In this paper I would like to outline a comprehensive theory of Legal interpretation based on an assumption that Legal Text, understood as the aggregate of Texts of all Legal acts in force at a particular time and place, describes one rational and coherent possible world. The picture of this possible world is decoded from the Text by interpreters and serves as a holistic model to which the real world is adjusted when the law is applied.From the above premise I will limit myself to drawing two conclusions for how Legal interpretation should be carried out. First, I argue that the possible world described by the Legal Text has to be ‘accessible’ from the real world, i.e. it has to be feasible to transform the actual world into the described one. Were it otherwise, the possible world could not serve as a model for adjustment. The accessibility requirement imposes obligations on the interpreters to secure the rationality of the possible world decoded from the Text, amongst other to secure that the description of this world is not contradictory and – as a consequence – the law of excluded middle is obeyed in the possible world described by the Legal Text. Secondly, I argue for the inevitability of interpretative discretion arising from the requirement to decode a sufficiently ‘saturated’ picture of the possible world., i.e. possessing enough properties to resemble the actual world. As Texts have a limited number of sentences and worlds have an unlimited number of properties, interpreters have to supplement the picture of a possible world to achieve its coherence. This involves the inclusion of some additional, non-predetermined features that integrate with the properties of the world predefined by the Legal Text. This process of saturation consists of filling in so-called ‘places of indeterminacy’ (Roman Ingarden) with content implicated by other features of the possible world. I also argue that the discretion resulting from the necessity of filling in the places of indeterminacy is justified by the requirement of fulfilling the intention of the lawmaker to make the possible world described by the Legal Text real. The theory presented here is based on contemporary theories of discourse representation and so-called ‘Text-world theory’ by J. Gavins. Phenomenalism and causal (historical) theories of reference provide its philosophical background.
Ambedkar Kanapala - One of the best experts on this subject based on the ideXlab platform.
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Text summarization from Legal documents: a survey
Artificial Intelligence Review, 2019Co-Authors: Ambedkar Kanapala, Sukomal Pal, Rajendra PamulaAbstract:Enormous amount of online information, available in Legal domain, has made Legal Text processing an important area of research. In this paper, we attempt to survey different Text summarization techniques that have taken place in the recent past. We put special emphasis on the issue of Legal Text summarization, as it is one of the most important areas in Legal domain. We start with general introduction to Text summarization, briefly touch the recent advances in single and multi-document summarization, and then delve into extraction based Legal Text summarization. We discuss different datasets and metrics used in summarization and compare performances of different approaches, first in general and then focused to Legal Text. we also mention highlights of different summarization techniques. We briefly cover a few software tools used in Legal Text summarization. We finally conclude with some future research directions.
