Title:Providers’ liabilities and the right to be forgotten
Author(s):SARTOR, GiovanniDate:2013Type of Publication:Working PaperSeries/Report no.:EUI RSCASAbstract:I address the novelties contained in the “Proposal for a Data Protection Regulation”, recently advanced by the EU Commission, with regard to providers’ liabilities and the right to be forgotten. First I consider how the ...
Title:Intentional Compliance with Normative Systems
Author(s):SARTOR, GiovanniDate:2012Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:I will address a challenge to mentalistic theories of norms, such as that developed by Cristiano Castelfranchi and Rosaria Conte, namely, the existence of large normative systems, which successfully direct people’s thoughts ...
Title:Providers’ Liabilities in the New EU Data Protection Regulation: A threat to internet freedoms?
Author(s):SARTOR, GiovanniDate:2012Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:In this paper I shall consider certain aspects of the Proposal for a Data Protection Regulation recently advanced by the EU Commission, which is meant to substitute the existing Data Protection Directive as well as the ...
Title:Social Networks e Responsabilità del Provider
Author(s):ROSATI, Eleonora; SARTOR, GiovanniDate:2012Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:Nelle pagine seguenti, dopo aver brevemente descritto le reti sociali e i diversi soggetti e interessi in gioco, si adotterà una prospettiva normativa, indicando quale disciplina potrebbe meglio regolare tali interessi, ...
Title:Peer-to-Peer Privacy Violations and ISP Liability: Data protection in the user-generated web
Author(s):VIOLA DE AZEVEDO CUNHA, Mario; MARIN, Luisa; SARTOR, GiovanniDate:2011Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:Since the adoption of the e-Commerce Directive, web hosting has dramatically changed. Usergenerated
content is usually uploaded into platforms that facilitate and support users in preparing
content and making it available. ...
Title:Temporal Reasoning and MAS
Author(s):SMITH, Clara; ROTOLO, Antonino; SARTOR, GiovanniDate:2010-01-01Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:In this paper we investigate if it is possible and useful to reason about time within social/normative multi-agent systems (MAS) by taking into account the general guidelines of tense logic. We focus on the combination of ...
Title:Classifications and the Law: Doctrinal Classifications vs. Computational Ontologies
Author(s):FERNÁNDEZ-BARRERA, Meritxell; SARTOR, GiovanniDate:2010Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:This paper addresses legal classifications by comparing legal doctrine and computational ontologies. In recent years legal ontologies have attracted a growing interest, not only from knowledge engineers but also from legal ...
Title:A Dynamic View of Litigation. Agent-Based Simulation Insights on Medical Liability Cases
Author(s):MAYOR, Eunate; SARTOR, GiovanniDate:2010Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:All substantive areas of law with no exception have a common concern for the processes by which
legal disputes get resolved. Naturally, the success of any particular litigation strategy in a legal dispute
depends on a ...
Title:A Sufficientist Approach to Reasonableness in Legal Decision-Making and Judicial Review
Author(s):SARTOR, GiovanniDate:2009Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:I shall argue for a sufficientist understanding of reasonableness in legal decision-making: cognitive or moral optimality are not required for reasonableness; what needed is just that a determination—be it epistemic or ...
Title:Why Lawyers Are Nice (or Nasty). A Game-Theoretical Argumentation Exercise
Author(s):SARTOR, Giovanni; RUDNIANSKI, Michel; ROTOLO, Antonino; RIVERET, Régis; MAYOR, EunateDate:2009Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:This contribution introduces a novel approach to study legal interactions, legal professions, and legal
institutions, by combining argumentation, game theory and evolution. We consider a population of
lawyers, having ...
Title:Defeasibility in Legal Reasoning
Author(s):SARTOR, GiovanniDate:2009Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:I shall first introduce the idea of reasoning, and of defeasible reasoning in particular. I shall then argue
that cognitive agents need to engage in defeasible reasoning for coping with a complex and changing
environment. ...
Title:Legality Policies and Theories of Legality: From “Bananas” to Radbruch’s Formula
Author(s):SARTOR, GiovanniDate:2008Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:I shall argue that issue of legal validity or legality (I will use these two terms as synonymous) can be
addressed by taking an inferential stand, namely, by considering under what preconditions (antecedents)
the legality ...
Title:More on Presumptions and Burdens of Proof
Author(s):PRAKKEN, Henry; SARTOR, GiovanniDate:2008Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:This paper extends our previous logical analysis of presumptions and burden of proof by studying the force of a presumption once counterevidence has been offered. In the jurisprudential literature different accounts of ...
Title:Legal Concepts: An Inferential Approach
Author(s):SARTOR, GiovanniDate:2008Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:The inferential and eliminative analysis of legal concepts proposed by Alf Ross will be connected to the views of
theoretical concepts in science advanced by Frank Ramsey and Rudolf Carnap. Consequently, the mere ...
Title:Sistemi basati sulla conoscenza giuridica e servizi pubblici
Author(s):SARTOR, GiovanniDate:2008Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:Dopo aver brevemente introdotto i sistemi basati sulla conoscenza giuridica, se illustrer`a l’uso nella pubblica amministrazione, in particolare per la gestione e la fornitura di servizi pubblici. Di tali sistemi la ricerca ...
Title:Heuristics in Argumentation: A Game-Theoretical Investigation
Author(s):PRAKKEN, Henry; RIVERET, Régis; ROTOLO, Antonino; SARTOR, GiovanniDate:2008Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:This paper provides a game-theoretical investigation on how to determine optimal strategies in dialogue games for argumentation. To make our ideas as widely applicable as possible, we adopt an abstract dialectical setting ...
Title:Source Norms and Self-Regulated Institutions
Author(s):RUBINO, Rossella; SARTOR, GiovanniDate:2007Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:In this paper we shall focus on an important class of constitutive norms, which we shall call source-norms,
namely those norms establishing what norms, on basis of what properties, validly belong to a normative
system. ...
Title:The Nature of Legal Concepts: Inferential Nodes or Ontological Categories?
Author(s):SARTOR, GiovanniDate:2007Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:I shall compare two views of legal concepts: as nodes in inferential nets and as categories in an ontology
(a conceptual architecture). Firstly, I shall introduce the inferential approach, consider its implications,
and ...
Title:Success Chances in Argument Games: A Probabilistic Approach to Legal Disputes
Author(s):RIVERET, Régis; ROTOLO, Antonino; SARTOR, Giovanni; PRAKKEN, Henry; ROTH, BramDate:2007Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:The outcome of a legal dispute, namely, the decision of its adjudicator, is uncertain, and both parties develop
their strategies on the basis of their appreciation of the probability that the adjudicator will accept
their ...
Title:Legal Validity: An Inferential Analysis
Author(s):SARTOR, GiovanniDate:2007Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:I will argue that the concept of (valid) law is a normative notion, irreducible to any factual description.
Its conceptual function is that of relating certain (alternative sets of) properties a norm may possess to ...