It is the 3rd time that a LEFIS workshop is organised within the IRIS conference. Workshop organizers are Professor Fernando Galindo from the University of Zaragoza and myself. LEFIS covers all aspects of the IRIS spectrum with a strong focus on IT law. It is part of the English track of IRIS; this year jointly with 3 sessions of e-democracy.
Cesare Maioli, Maria Elena Sanchez Jordan , Spatial planning and natural risk zones: access and interoperability compliant with the INSPIRE Directive (see paper in the proceedings) give an update of their ongoing research on the implementation of the INSPIRE Directive.
Libor Kyncl , Data Mailboxes in the Czech Republic and the Official Delivery Reform, analyses the new electronic delivery system in the Czech Republic.
Fernando Galindo , Virtual Campus and Law&ICT (see paper in the proceedings) will give an overview of the LAW & ICT virtual campus.
Dariusz Kloza , Web 2.0 and the ISP liability. The Challenges, (see paper in the proceedings) provides a summary of his master project at Tilburg University on ISP liability.
Jedrzej Raczynski , Where do video games belong? (see paper in the proceedings) addresses the important problem of gaming on the internet.
Marcelo Corrales , An Intellectual Property Framework for Trans-European Genetic Research Projects, (see paper in the proceedings) gives an overview of his research project at the University of Hannover.
Two e-government papers are also included:Andreas Kuehn, Andreas Spichiger, Reinhard Riedl , Actors and Current Issues in E-Government Standardization (see paper in the proceedings) andErich Schweighofer, Anton Geist , Semi-automatic application of consular protection law (see paper in the proceedings).
Last but not least,Andreas Pietz , Legal Epistemology and Logic, will address a more theoretical question of legal informatics.
Andreas Pietz1 presents in his talk on legal Epistemology and logic Michael Dummett's thoughts about Anti-Realsim and logic and applies them to legal discourse. «One of Dummett's most important ideas has been that metaphysical assumptions can be read off of the rules that govern our discourse about a given subject, especially the logical rules. For Dummett, there exists a close relation between Anti-Realsim and intuitionistic logic.
Dummett is concerned with areas of discourse which are governed by standards of proof, not verification-transcendent truth. The prime example, and the model of Dummett's philosophical Anti-Realism, is constructive mathematics. However, outside of mathematics it seems hard to find discussions in which the success or failure of an assertion hinges essentially on the ability of the speaker to prove his claim, or the ability of the audience to disprove it.
I suggest that legal discourse is a prime such example, especially as it occurs in criminal law. Here the legal discourse has a special feature that settles a question that runs unresolved throughout the writings of Dummett and his followers: Which is more basic to our linguistic exchanges: Proof or Refutation? This essential feature to settle this question is that in a trial, an effort has to be made to discern which party has to bear the burden of proof. In criminal law, normally the prosecution has to bear the burden of proof as a corollary of the presumption of innocence. In court, the success of an assertion will be governed by different norms, depending on whether the burden of proof lies with the speaker or with the audience. In the first case, an assertion will be successful if provable, in the second successful if not refutable. Thus an Anti-Realistic theory of legal discourse will have to invoke BOTH proofs and refutations.
This in turn will have surprising implications for the question which logic should be employed. Neither intuitionistic logic nor classical logic will be suitable, rather a system developed by D. Nelson suggests itself.»
Erich Schweighofer, Universitätsprofessor, Universität Wien, Arbeitsgruppe Rechtsinformatik (DEICL/AVR), Schottenbastei 10-16/2/5, 1010 Wien AT
Erich.Schweighofer@univie.ac.at;http://rechtsinformatik.univie.ac.at
- 1 Edited version of the abstract submitted by Pietz.
