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--- | ||
date: "2020-06-16" | ||
--- | ||
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# Advantages of imprecision | ||
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Some semantic vagueness is intended. | ||
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* Too rigid law/contract is not applicable for novel situations. | ||
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See also: ["I know it when I see it"](https://en.wikipedia.org/wiki/I_know_it_when_I_see_it) |
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--- | ||
date: "2020-06-15" | ||
tags: | ||
- paper | ||
- concept | ||
--- | ||
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# Computable contracts | ||
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Paper by Harry Surden from 2012. | ||
TODO: read paper. | ||
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Also a general term. Examples of computable contracts: | ||
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- <daml_smart_contracts> |
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--- | ||
date: "2020-06-16" | ||
tags: | ||
- concept | ||
--- | ||
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# Generality | ||
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Event `A` is more general than event `B`, iff every instance of `B` is also an instance of `A`. | ||
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Example from Layman E. Allen (1987) _Normalized legal drafting and Query method_: | ||
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* "penalty" is more general than "fine" | ||
* "penalty" is more general than "imprisonment" | ||
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### Colloquial usage of "generalization" | ||
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Paraphrased from a [Finnish source](http://sange.fi/~atehwa/cgi-bin/piki.cgi/yleistys), so trust my word. :-P /Inari | ||
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Consider the following statements and their (unjustified) conclusions: | ||
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* All humans can walk | ||
* conclusion: All mammals can walk | ||
* It's sunny today | ||
* conclusion: It's sunny always | ||
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Despite colloquial usage, these conclusions are not generalisations. | ||
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_Mammal_ is a generalization of _human_, and _always_ is a generalization of _today_. | ||
But the statement "it's sunny always" is __not__ a generalization of "it's sunny today". | ||
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In all worlds where it's sunny _always_, it is also sunny _today_. So the logically correct direction is: | ||
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* _it's sunny today_ is a generalization of _it's sunny always_. | ||
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### Questions | ||
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Is this confusion about generality of statements relevant in legal contracts? |
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# Overview | ||
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This is a Zettelkasten for the reading list of CCLAW@SMU. | ||
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Contributions are welcome. (Maybe this can be moved to the smucclaw repository later and the structure can make more sense.) | ||
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Start here: | ||
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- <legal_drafting_is_broken> | ||
- <computable_contracts> |
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--- | ||
date: "2020-06-16" | ||
tags: | ||
- paper | ||
--- | ||
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# An introduction to logical spreadsheets | ||
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2007 paper by Michael Kassoff and Andre Valente. | ||
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TODO: read paper. |
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--- | ||
date: "2020-06-15" | ||
tags: | ||
- paper | ||
--- | ||
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# Normalized legal drafting and the Query method | ||
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1978 paper by Layman E. Allen: _Normalized legal drafting and the Query method_. | ||
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Precursor to rules as code, computational contracts etc. "Normalized" legal document à la Allen ≈ <cnl> with the goal "Improve communication among humans". | ||
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### Purpose | ||
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Aims to fix _unintended_ syntactic ambiguity, imprecision, confusing turn of phrase or just plain incorrect meaning. | ||
(There are also <advantages_of_imprecision>, which this method would keep.) | ||
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### Normalization | ||
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(Manually) convert text into two equivalent formats: | ||
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1. Itemized list, using line breaks and explicit tokens such as `1.` and `a)` | ||
1. Human-readable visual diagram. For istance, _if a then b_ is expressed as | ||
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``` | ||
>─┐ | ||
a | ||
│ | ||
˅ | ||
b | ||
``` | ||
Advantages: | ||
* Exposes <scope_ambiguity> when you need to put things in parallel and be explicit about what is left unsaid. | ||
* Visual graph shows more clearly different ways of reaching a state, etc. | ||
### Query method | ||
Method for humans to learn to draft in the normalized style. | ||
TODO: read that part of paper. |
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--- | ||
date: "2020-06-15" | ||
tags: | ||
- concept | ||
- approach | ||
--- | ||
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# Spreadsheets for law | ||
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I don't know yet what this is, but Meng thinks it's important. | ||
TODO | ||
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Related papers: | ||
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- <introduction_to_logical_spreadsheets> |
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--- | ||
date: "2020-06-16" | ||
tags: | ||
- approach | ||
--- | ||
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# Teach humans to draft better | ||
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The only feasible approach before computers were mainstream. | ||
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(TODO: is there modern support for this approach?) | ||
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Examples: | ||
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- <normalized_legal_drafting_query_method> (Allen 1978) |