兼论法律推理中的规范性.PDF

兼論法律推理中的規範性 報告人:陳弘儒（博士後研究人員 ） 日期 ：2018年7月31 日 中央研究院法理學研究所第二會議室 If there were machines which bore a resemblance to our body and imitated our actions as far as it was morally possible to do so, we should always have two very certain tests by which to recognise that, for all that, they were not real men. Artificial Intelligence is not only a kind of technology but also a concept of agency that aims at rationally performing a particular task that humans can do. In a nutshell you can think AI as a “contractor” that performs a task which you request her to do! Human-Based Idea Rationality Reasoning-Based Systems that Systems that think like humans think rationally Bahavior-Based Systems that act Systems that act like humans rationally Artificial Intelligence, Stanford Encyclopedia of Philosophy; originally from Stuart Russell and Peter Norvig (2010). A computational model of legal reasoning (CMLR) is a computer program that implements a process evidencing attributes of human legal reasoning. (Ashley, 2017: 4) 法律解釋 Rule-Based 法律規則的意義 ： ~ Legal Syllogism Reasoning 以語意內容為主 法律續造 Case-Based Analogical 案件的相似性程度 ： Reasoning ~ reasoning 以特徵為主 Ru