| Co-Investigator(Kenkyū-buntansha) |
KOWALSKI Robert University of London, Inperial College Department of Computing, インペリアルカレッジ・コンピュータ科学部, 教授
BRANTING Karl University of Wyoming Department of Computing, コンピュータ科学部, 助教授
RUESSMANN Helmut University of Saarland, Faculty of Law, 法学部, 教授
HERBERGER Maximilian University of Saarland, Faculty of Law, 法学部, 教授
ASHLEY Kevin D. University of Pittsburg, School of Law, 法学部, 助教授
BERMAN Donald H. Northeastern University, School of Law, ロースクール, 教授
HAFNER Carole D. Northeastern University, Faculty of Computer Science, コンピュータ科学部, 準教授
SAKURAI Seiichiro Tokyo Institute of Technology Graduate School of Science and Engineering, 大学院・総合理工学研究科, 助手 (20202088)
KITAHARA Munenori Hiroshima Shudo University, Faculty of Commerce, 商学部, 教授 (70234268)
HARAGUCHI Makoto Tokyo Institute of Technology Graduate School of Science and Engineering, 大学院・総合理工学研究科, 助教授 (40128450)
KAGAYAMA Shigeru University of Osaka, Faculty of Law, 法学部, 教授 (20169379)
MATSUMURA Yoshiyuki University of Hokkaido, Faculty of Law, 法学部, 教授 (80091502)
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| Research Abstract |
The object of this international joint research is for the researchers from Japan as well as Germany and the United States of America to analyze logically 'rule based reasoning', which belongs to the continental statutory law culture and 'case based reasoning' which belongs to the Anglo-American case law culture, clarify the mechanism of the interpretation of legal rules and legal analogy and amalgamate a rule based legal reasoning system with a case based legal reasoning system. In this international joint research the following results have been achieved :
(1)Logical structures of 'rule based reasoning' in the continental law and 'case based reasoning' in the Anglo-American law have been in many points clarified.
(2)The relationship between rule based reasoning and case based reasoning in law and the way to combine the both have been also clarified.
(3)The methods of the representation of legal knowledge in terms of the logical flow chart and the compound predicate formula (CPF) has bee
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n developed.
(4)The logical structure of the second part of United Nations Convention on Contracts for the International Sale of Goods (CISG) has been clarified. The part was represented in the computer in terms of the logical flow chart in English as well as in Japanese and also in terms of CPF partly. These knowledge representation methods have been adapted as a common representation form between the Japanese researchers and the American researchers.
(5)Japanese researchers and American researchers discussed interpretation problems of several articles of CISG on the basis of logical flow charts of CISG, so that it was proved that this representation form is a fruitful method for Japanese and American lawyers, who have the different language and culture, to communicate with each other.
(6)The several interesting issues of interpretation problems of CISG have been found. The relationship between these different interpretations and the different cultures of law became clear.
(7)A Hyper Card system of CISG in German, English and French has been developed by the German researchers.
On the following points the final object of the joint research to make a integrated system has been achieved only in the very restricted range :
(1)A rule base legal reasoning system as well as a experimental system of legal analogy was developed. However we could not install any amalgamating system of rule based reasoning and case based reasoning in law.
(2)Some experimental generating system of Japanese legal text and English Legal text from CPF was developed. However we could not develop any interface between Japanese and English language in law. Less
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