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Pattern languages and institutional facts
functions and coherences in the law
pp. 155-166
Résumé
I explore the notion of Pattern Languages, originally developed by architect Christopher Alexander and embraced in Object-Oriented computer programming, as a model of coherence for use in conjunction with an understanding of law informed by John Searle's theory of institutional facts. Under Searle's theory, the law can be understood both as an institution itself governed by foundational documents and practices, and as a method for creating new institutions through the codification of the assignment of functions, usually of the form "X counts as Y in circumstances C." Pattern Languages, which are schematic templates for problem-solving, can then be developed within a legal system as a coherence constraint on the assignment of functions such that codified legal solutions do not conflict with other legal solutions to related or distinct problems. If it is possible to reduce legal enactments to such a schema, the likely result will be a greater ease of the representation of legal rules by computer systems, while the pattern language encourages progress toward an ideal of coherence.
Détails de la publication
Publié dans:
Araszkiewicz Michał, Šavelka Jaromír (2013) Coherence: insights from philosophy, jurisprudence and artificial intelligence. Dordrecht, Springer.
Pages: 155-166
DOI: 10.1007/978-94-007-6110-0_8
Citation complète:
Ehrenberg Kenneth, 2013, Pattern languages and institutional facts: functions and coherences in the law. In M. Araszkiewicz & J. Šavelka (eds.) Coherence (155-166). Dordrecht, Springer.