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Implicit Quantification of Legal Texts

This paper will explore the possibility of analysing court decisions, based on prior judicial interpretation of ambiguous notions. It will be claimed that such notions are implicitly quantified and can thus be, when coupled with data regarding past court practice, subject to quantitative analysis. To show the above to be true, Visković’s legal theory will be a starting point, with a specific focus on semantic ambiguities. The idea that such notions can be translated into a mathematical language will be critically evaluated. Differentiation between types of data and the possibility of different statistical operations. Last but not least, a potential use of the proposed model, especially regarding the possibility of mathematical and computer analysis of probability of different interpretations of an ambiguous notion by a forum, based on its previous decisions, will be evaluated.

Luka Martin Tomažič
Alma Mater Europaea - ECM
Slovenia

 


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