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<article xmlns:xlink="http://www.w3.org/1999/xlink">
  <front>
    <journal-meta />
    <article-meta>
      <title-group>
        <article-title>Profiles of Legal Knowledge Representation and Reasoning in the Semantic Web: an opportunity for AI in the Public Administration</article-title>
      </title-group>
      <contrib-group>
        <contrib contrib-type="author">
          <string-name>Enrico Francesconi</string-name>
          <xref ref-type="aff" rid="aff0">0</xref>
        </contrib>
        <contrib contrib-type="author">
          <string-name>Ginevra Peruginelli</string-name>
          <xref ref-type="aff" rid="aff1">1</xref>
        </contrib>
        <aff id="aff0">
          <label>0</label>
          <institution>Institute of Legal Informatics and Judicial Studies (IGSG-CNR)</institution>
          ,
          <addr-line>via de' Barucci 20, Florence, 50127</addr-line>
          ,
          <country country="IT">Italy</country>
        </aff>
        <aff id="aff1">
          <label>1</label>
          <institution>Institute of Legal Informatics and Judicial Studies (IGSG-CNR)</institution>
          ,
          <addr-line>via de' Barucci 20, Florence, 50127</addr-line>
          ,
          <country country="IT">Italy</country>
        </aff>
      </contrib-group>
      <abstract>
        <p>In this paper an approach for legal knowledge representation and reasoning within a Semantic Web framework is presented. It is based on the distinction between provisions and norms and it is able to provide reasoning facilities for advanced legal information retrieval (like implementing Hohfeldian reasoning) and legal compliance checking for deontic notions. It is also shown how this approach can handle norm defeasibility. Such methodology is implemented by decidable fragments of OWL21, while legal reasoning is implemented by available decidable reasoners.</p>
      </abstract>
      <kwd-group>
        <kwd>eol&gt;Legal Reasoning</kwd>
        <kwd>Semantic Web</kwd>
        <kwd>Legal Information Retrieval</kwd>
        <kwd>Norm Compliance</kwd>
      </kwd-group>
    </article-meta>
  </front>
  <body>
    <sec id="sec-1">
      <title>1. Introduction</title>
      <p>master data (including entities like abstract concepts or
real world objects), metadata (namely properties of such
Artificial Intelligence (AI) has a very significant impact entities) and their values (reference data). Such RDF
not only on human beings’ lives, but most importantly on triples are able to provide a semantic description of a
our political, legal and economic institutions. In politics, specific domain: for example, in the legal one, they can
AI can support evidence-based rational decision-making, describe facts and legal rules.
as well as citizen engagement in policy choices and facil- In the next future the ability of an information
sysitate political communication and opinion aggregation. tem to process Linked Open Data (LOD) and to show</p>
      <p>In the legal field, a number of models, standards and reasoning capabilities will be essential for developing
auapplications are being developed to analyze and classify tomatic legal assistants, endowed with AI capabilities. In
documents, apply complex regulations, suggest or predict the legal context the availability of machine readable,
acthe outcome of legal cases, detect or anticipate wrongful tionable rules represents therefore a precondition for
imconduct, evaluate evidence, analyze sets of legal cases plementing systems with automatic reasoning facilities
and social data to detect trends and anticipate changes. for advanced information services. In this contribution
In this context, AI methods are inspired by, and combine we present an approach for legal knowledge
representawith, the tools and methods of legal theory. The adoption tion and reasoning within a Semantic Web framework.
of AI in the legal and socio-political sphere, therefore, It is based on the distinction between provisions and
contributes to support the development of efective and norms and it is able to provide reasoning facilities for
innovative context-sensitive solutions, thus contributing advanced legal information retrieval (like implementing
to democracy and the rule of law. Hohfeldian reasoning) and legal compliance checking for</p>
      <p>The semantic web represents one of the main infras- deontic notions. It is also shown how this approach can
tructures for AI, as it provides languages for knowledge handle norm defeasibility. Such methodology is
implerepresentation and reasoning, as well as smart data for mented by decidable fragments of OWL22, while legal
implementing intelligent systems. reasoning is implemented by available decidable
reason</p>
      <p>RDF1 is the language of the Semantic Web, able to ers.
describe a scenario of interest by triples composed by</p>
    </sec>
    <sec id="sec-2">
      <title>2. Provisions and Norms</title>
      <p>
        words and sentences, as well as the meaning of such signs. provisions in-force and related norms efective, as well as
Following the same twofold view for the legal domain, provisions not in-force and related norms not efective,
we can distinguish two levels of interpretation of a lin- we can also have provisions in-force and related norms
guistic entity expressing a legal rule: in terms of a set not efective, as well as the symmetric case, provisions
of signs organized in words and sentences for creating a not in-force and related norms efective (this last one is
normative statement, typically called Provision [
        <xref ref-type="bibr" rid="ref2">2</xref>
        ] [
        <xref ref-type="bibr" rid="ref3">3</xref>
        ], as usually referred as retro-activity (eficacy in the past) or
well as in terms of the meaning for application of such ultra-activity (eficacy in the future) of a norm.
normative statement, typically called Norm [
        <xref ref-type="bibr" rid="ref4">4</xref>
        ], [
        <xref ref-type="bibr" rid="ref5">5</xref>
        ].
      </p>
      <p>Provision (in-force)</p>
      <p>YES
YES
NO
NO</p>
      <p>Norm (efective)</p>
      <p>YES
NO
YES3</p>
      <p>NO</p>
      <sec id="sec-2-1">
        <title>Having diferent nature, such concepts operate in dif</title>
        <p>
          Provisions have been classified in [
          <xref ref-type="bibr" rid="ref3">3</xref>
          ] in terms of pro- ferent domains.
vision types, organised into two main groups (Fig. 1): A provision, as pure textual object, represents the
Rules and Rules on Rules. Rules can be Constitutive Rules building block of the legal order (new provisions can
as Definition introducing entities, or Regulative Rules as enter or leave the legal order itself). On the other hand,
the deontic concepts Duty and Right (or in a more deon- a norm can either modify the text of other provisions (in
tic oriented terms Obligation and Permission), as well as case of diferent type of amendments) or can introduce
Power etc., regulating subject roles and activities. Rules restrictions on the real world (in case of obligations, for
on Rules are diferent kinds of amendments: Temporal, example).
        </p>
        <p>
          Extension or Content amendments. Each provision type Advanced legal information retrieval, able to
impleis characterized by specific properties (for example the ment reasoning on deontic notions, is a type of reasoning
Bearer or the Counterpart of a Right), reflecting the law- managing textual information, thus pertaining to
provimaker directions. Provision types and properties can be sions. A typical example is a system able to implement
considered as a sort of metadata model able to analyti- Hohfeldian reasoning, in which a user submits a query
cally describe fragments of legislative texts, hence the to a legal document collection in order to find the rights
name of Provision Model [
          <xref ref-type="bibr" rid="ref3">3</xref>
          ]. of a bearer A towards a counterpart B: following an
Ho
        </p>
        <p>
          In this vision, norms represent the way how provisions hfeldian reasoning the system should be able to retrieve
are applied; as such they represent the product of an also the provisions expressed as duties of the bearer B
interpretative process [
          <xref ref-type="bibr" rid="ref6">6</xref>
          ]. Provisions and related norms towards the counterpart A, because such duty can also
have, therefore, diferent roles and properties pertaining be seen as A’s right. An OWL 2 DL approach using the
to diferent abstraction levels. Moreover, there may be Provision Model for this type of reasoning is illustrated
not a bijective relationship between them: a norm can be in [
          <xref ref-type="bibr" rid="ref8">8</xref>
          ] [
          <xref ref-type="bibr" rid="ref9">9</xref>
          ].
expressed by diferent provisions, as well as it can be valid On the other hand, legal compliance checking is a
prothe opposite, namely one provision can include more cess aiming to verify if a fact, occurring in the real world,
norms [
          <xref ref-type="bibr" rid="ref7">7</xref>
          ]. They have also diferent relationships with complies with existing norms. Real world scenarios and
time. Provisions, as pure textual objects, are the product facts can be efectively represented in terms of
ontoloof lawmaking (legal drafting activity and promulgation) gies and related individuals, respectively. Norms, which
and are characterized by the in-force date, namely the facts have to be compliant with, provide constraints on
starting date of their existence in the legal order. On the reality, therefore they can be modeled as restrictions
the other hand, norms are the meaning of provisions, on ontology properties. Such modeling can be used for
namely their applicative interpretation; as such they are legal compliance checking. Hereinafter we illustrate an
characterized by the eficacy date, namely the starting OWL 2 DL approach for modeling norms and how such
date in which a norm can be concretely applied. For modeling can be used for the aim of legal compliance
example a taxation rule, in-force at time 1 (time when the checking.
related provision enters the legal order), can express the
application of a specific tax starting from time 2 (&gt; 1).
        </p>
        <p>In this case 2 is the eficacy date of the norm. Therefore
(see Tab. 1), while it is obvious that we can have cases of 3retro-activity / ultra-activity</p>
      </sec>
    </sec>
    <sec id="sec-3">
      <title>3. Modeling provisions for advanced legal information retrieval</title>
      <sec id="sec-3-1">
        <title>In [8] and [9] it is shown how Hohfeldian relations on</title>
        <p>deontic and potestative notions can be managed within
a description logic computational framework. We
recall here the main aspects of the approach to show how
Provisions can be used to implement an advanced legal
provisions retrieval system, endowed with legal
reasoning facilities, using a decidable fragment of OWL 2 (in
particular OWL 2 DL), therefore exploiting existing
decidable reasoners.</p>
        <p>In this recall, we show the approach for deontic notions
and their relations, sketched in the schema of Fig. 2.4</p>
      </sec>
      <sec id="sec-3-2">
        <title>In order to implement an advanced legal provisions</title>
        <p>retrieval system, it is necessary to describe the relations
between provisions at the level of the Provision Model.
For example the Hohfeldian relation between Duty and
Right can be efectively represented by observing that
a Right, in correlative correspondence with a Duty, is
actually not explicitly expressed in the text, but
represents an implicit provision, basically a diferent view of
the Duty itself, where the values of the related bearer
and counterpart properties are swapped. Therefore, the
Provision Model can be extended in terms of Duty and
Right5 implicit and explicit disjoint subclasses, able to
represent a complete covering of the related superclass
(ex: ExplicitRight and ImplicitRight disjoint subclasses
represent a complete covering of the Right superclass).</p>
        <p>Properties can also be specified as regards both
implicit and explicit provisions, so that
hasImplicitDutyBearer and hasExplicitDutyBearer are sub-properties of
hasDutyBearer, as well as hasImplicitRightBearer and
hasExplicitRightBearer are sub-properties of
hasRightBearer.</p>
        <p>To represent the hohfeldian fundamental relations
between Duty and Right, firstly an equivalence relation
between their explicit and implicit views is established:</p>
      </sec>
      <sec id="sec-3-3">
        <title>4more details on this modeling approach and its application to potes</title>
        <p>
          tative notions (Power, Liability, Disability Immunity), can be found
in [
          <xref ref-type="bibr" rid="ref8">8</xref>
          ] and [
          <xref ref-type="bibr" rid="ref9">9</xref>
          ]
5where “prv:”, namespace for provisions, is hereinafter implied
        </p>
        <sec id="sec-3-3-1">
          <title>ImplicitRight ≡ ExplicitDuty and ImplicitDuty ≡ Explic</title>
          <p>itRight. In Fig. 3 the established sub-class and
equivalence relations between Duty and Right in their explicit
and implicit views are summed up.</p>
        </sec>
      </sec>
      <sec id="sec-3-4">
        <title>Moreover, equivalence relations between implicit/ex</title>
        <p>plicit Duty and Right properties can be established. In
Fig. 4 the asserted properties of ExplicitDuty and
ImplicitRight and their mutual equivalence relations are
shown (hasImplicitRightBearer ≡
hasExplicitDutyCounterpart and hasImplicitRightCounterpart ≡
hasExplicitDutyBearer).</p>
      </sec>
      <sec id="sec-3-5">
        <title>The same holds for the asserted properties of Im</title>
        <p>plicitDuty and ExplicitRight and their mutual
equivalence relations (hasImplicitDutyBearer ≡
hasExplicitRightCounterpart and hasImplicitDutyCounterpart ≡
hasExplicitRightBearer) (Fig. 5) .</p>
        <p>Note that the proposed patterns do not interfere 4.1. Examples of norms representation
with the relations between Right and Duty, which and compliance checking
still hold. In fact, for the couple Right/Duty, an
individual of ExplicitDuty is also an individual of Duty, Let’s consider as example the rule R1. The related
scegiven the axiom rdfs:subClassOf(ExplicitDuty, Duty). nario can be modeled in terms of an ontology including
Moreover the axiom owl:equivalentClass(ImplicitRight, a class Supplier, having a boolean property
hasComExplicitDuty) tells us that such individual is also an municatedConditions. Norm R1, expressing a duty for
ImplicitRight, which is also a Right, given the axiom the suppliers states that suppliers must communicate
rdfs:subClassOf(ImplicitRight, Right). Since this is done contractual terms and conditions to the consumers: the
symmetrically for explicit and implicit duties and rights, individuals of the class Supplier complying with this
we can deduce that Right is equivalent to Duty, namely norm are all those ones belonging to the subclass
Suppliis another reading of the Duty itself, given that the union erR1Compliant identified by a restriction on the boolean
of the disjoint explicit and implicit subclasses covers com- property hasCommunicatedConditions to have value
pletely the related superclass. “true” (see Fig. 6, where myo: is a fictitious namespace
representing MyOntology).
3.1. Example of provision representation</p>
        <p>and reasoning</p>
      </sec>
      <sec id="sec-3-6">
        <title>In order to show the ability of the Provision Model ap</title>
        <p>proach to provide advanced legal information retrieval
facilities, based on provisions and related hohfeldian
relations, the following example of a legal rule R1 can be
used:
R1 : The supplier shall communicate to the consumer all
the contractual terms and conditions</p>
      </sec>
      <sec id="sec-3-7">
        <title>In terms of the Provision Model, this rule can be seen as a provision of type Duty, which can be represented as</title>
        <p>ExplicitDuty(Supplier, Consumer), where the arguments
of the ExplicitDuty are the explicit bearer (Supplier) and
related explicit counterpart (Consumer), respectively.
Given the following introduced hohfeldian relations:</p>
        <sec id="sec-3-7-1">
          <title>ImplicitRight ≡ ExplicitDuty ImplicitRightCounterpart ≡ ExplicitDutyBearer ImplicitRightBearer ≡ ExplicitDutyCounterpart</title>
          <p>the provision at R1 can also be seen as
ImplicitRight(Consumer, Supplier), including related implicit
right bearer (Consumer) and implicit right counterpart
(Supplier). Therefore, the provision R1 can be retrieved
asking for either the duty of the supplier or the right of
the consumer.</p>
        </sec>
      </sec>
    </sec>
    <sec id="sec-4">
      <title>4. Modeling norms for legal compliance checking</title>
      <p>As discussed in Section 2, norms can be viewed as the
application of legal provisions, providing constraints on a
real world scenario to be regulated. In the Semantic Web
a real world scenario is usually represented by a domain
ontology. In this context a norm, providing constraints to
such scenario, can be modeled in terms of constraints on
the domain ontology: for example, in case of obligations
(like a duty), as ontology property restrictions.</p>
      <sec id="sec-4-1">
        <title>Such a representation for the real world scenario and</title>
        <p>related norm expressed by R1 results in the OWL 2
DL, decidable profiles. This allows us to use a OWL
2 DL decidable reasoner in order to implement
reasoning facilities, preparing the ground for compliance
checking with respect to R1. The inferred model
establishes a rdfs:subClassOf relationship between
SupplierR1Compliant and Supplier (as shown in Fig. 6), where
SupplierR1Compliant is the class of all the individuals
of type Supplier having “true” as value of the property
hasCommunicatedConditions. Therefore, compliance
checking according to the norm R1 is a problem of
checking if an individual of type Supplier belongs to the class
SupplierR1Compliant.</p>
        <p>As an example let’s consider the following two
individuals myo:s1 and myo:s2 of the class Supplier: myo:s1
is an individual not compliant with R1, while myo:s2 is
complaint with R1. The following SPARQL query</p>
      </sec>
      <sec id="sec-4-2">
        <title>SELECT ? x WHERE { ? x r d f : t y p e myo :</title>
        <p>S u p p l i e r R 1 C o m p l i a n t }
is able to select the individuals which are complaint with
R1 (in our case s2). Legal reasoning in terms of norm
compliance checking is therefore performed within a
decidable computational complexity profile.
4.2. Norm compliance and defeasibility</p>
      </sec>
      <sec id="sec-4-3">
        <title>In this section we show how the presented approach for norm representation and compliance checking can handle norm defeasibility. Let’s consider the following legal rule R2:</title>
        <p>R2 According to a [country] law one cannot drive over 90
km/h</p>
      </sec>
      <sec id="sec-4-4">
        <title>In the case of R2, the vehicles circulation scenario</title>
        <p>can be modeled in terms of an ontology including a class
Driver, having a datatype property hasDrivingSpeed with
range in the xsd:float datatype.</p>
        <p>Norm R2, expressing an obligation on the vehicles
circulation scenario, states that, according to the related
country law, one cannot drive over 90 km/h: the
individuals of the class Driver complying with this norm are
those ones belonging to the subclass DriverR2Compliant
having value ∈ [0.0, 90.0] Km/h on the datatype property
hasDrivingSpeed (Fig. 7).</p>
        <p>In other terms the norm R2 is represented as
restriction on the property hasDrivingSpeed able to identify the
class DriverR2Compliant which is equivalent to the class
of the individuals for which the values of the property
under consideration are in the range [0.0, 90.0] km/h. In R2 : According to a [country] law, one cannot drive over
order to represent such constraints the following restric- 80 km/h
tion on the datatype property myo:hasDrivingSpeed to
values (inclusively) between 0.0 and 90.0 can be expressed The new version of R2 (Fig. 9) can defeat the previous
by the xsd:minInclusive and xsd:maxInclusive datatype compliance conclusions, in the sense that individuals,
bound properties. Such a representation results in the which were compliant with the old version of R2 (Fig. 8),
OWL 2 DL decidable profile. might not be compliant with it anymore (this is the case</p>
        <p>As in the previous example, the inferred model in the example in Fig. 9 of the individual d3). In order to
establishes a rdfs:subClassOf relationship between cope with this change, the same model can be updated
DriverR2Compliant and Driver (as shown in Fig. 7), (without changing anything on the names of the classes)
where DriverR2Compliant is the class of all the individ- just by changing the original restriction on the datatype
uals of type Driver having values of the property has- property hasDrivingSpeed with a new one expressed
DrivingSpeed in the interval [0.0, 90.0] km/h. Therefore, by the new version of R2, as shown in Fig. 9. Without
compliance checking according to the norm R2 is a prob- changing anything on the individuals, their membership
lem of checking if an individual of type Driver belongs to the class DriverR2Compliant changes accordingly so
to the class DriverR2Compliant. that, for example, the individual d3, compliant with the</p>
        <p>As a concrete example, let’s consider four individuals old version of R2 (Fig. 8), is no more compliant with the
myo:d1... myo:d4 of the class Driver, as represented in new version of R2 (Fig. 9). Therefore, the query able to
Fig. 8. select compliant individuals remains the same:</p>
      </sec>
      <sec id="sec-4-5">
        <title>In this list of individuals, the individual myo:d4 is not</title>
        <p>compliant with R2 (having speed 95.0 Km/h ≥ 90.0 Km/h).
The following query:
is able to select the individuals which are complaint with
R2 (in our case myo:v1, myo:v2, myo:v3).</p>
        <p>
          Using the same example, we can now show how this
compliance checking modeling approach can cope with
norm defeasibility. Defeasibility is the property of an
argumentation system for which a conclusion is open
to revision in case evidence to the contrary is provided
[
          <xref ref-type="bibr" rid="ref10">10</xref>
          ]. This particularly holds in legal reasoning which is
a typical case of non-monotonic reasoning, where norm
conflicts or norm exceptions might breach a previous
conclusion.
        </p>
        <p>Let’s consider rule R2, as previously modeled, and the
following new version of rule R2, introducing a more
strict driving speed limit at 80 Km/h:
which is able to retrieve the only individuals d1 and d2,
compliant with the new version of R2.</p>
      </sec>
    </sec>
    <sec id="sec-5">
      <title>5. Conclusions and future developments</title>
      <sec id="sec-5-1">
        <title>In this paper we have presented a legal reasoning ap</title>
        <p>proach based on the distinction between the concepts of
provisions and norms, able to deal with diferent types of
legal reasoning, in particular advanced legal information
retrieval, as well as norms compliance checking. The
method is based on the use of decidable fragments of
OWL 2, able to guarantee the computational tractability
of the approach. This represents an essential property of
a legal reasoning system in the Semantic Web,
characterized by a huge amount of Linked Open Data in the form
of triples.</p>
        <p>Nowadays, within the public administration, AI is no
longer just theory, but it’s becoming an increasingly
important option. Moreover, the Public Administration (PA)
may play a central role in AI systems development,
because they produce a large amount of public data, and
legal data in particular, whose accessibility and reuse
can be improved by applying semantic web
technologies, as shown in this paper. This aspect is considered so
strategic for business and public administration that each
European country has developed its own national
strategy. Applications for public administrations are aimed
to create data infrastructures able to exploit the
potential of big data that the PA generates, to simplify and
personalize the ofer of public services and to innovate
administrations.</p>
      </sec>
    </sec>
  </body>
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