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Words in Laws

Words in Laws. Some thoughts about Definitions, their Changes, and the Consequences of these Changes. Gerhard Navratil. Overview. Introduction Words in Speech Definition of Words in Laws Changes in Definition Consequences for the Translation of Laws

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Words in Laws

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  1. Words in Laws Some thoughts about Definitions, their Changes, and the Consequences of these Changes Gerhard Navratil

  2. Overview • Introduction • Words in Speech • Definition of Words in Laws • Changes in Definition • Consequences for the Translation of Laws • Consequences for formal Specifications • Conclusions

  3. Introduction Laws communicate rules Communication requires a representation => rules written down as text (with words as a reference for objects) Examples: person – object natural – juridical persons moveable – immoveable object

  4. Use of Words in Speech Problems with natural language: • Words have a different meaning although they look alike (Homonyms) e.g. der Grund (Grundstück, Ursache,...) • Different words have the same meaning (Synonyms) e.g. Wald, Forst (collection of trees)

  5. Definition of Words in Laws Example: The Austrian definition of Ownership § 353 ABGB: Eigentum im objektiven SinneAlles, was jemandem zugehört, alle seine körperlichen und unkörperlichen Sachen, heißen Eigentum. § 354 ABGB: Eigentum im subjektiven SinneAls ein Recht betrachtet, ist Eigentum das Befugnis, mit der Substanz und den Nutzungen einer Sache nach Willkür zu schalten, und jeden anderen davon auszuschließen.

  6. Objective View Defines ownership as a relation:‚zugehören‘ = ‚part of‘-relation Depends upon definitions ofPerson (‚jemand‘)Object (‚Sache‘)Real/Imaginary (‚körperlich/unkörperlich‘)

  7. Subjective View Defines ownership as a right Depends upon definitions ofRight (‚Recht/Befugnis‘)Object (‚Sache‘)Contents of an object (‚Substanz‘)Ways of Use (‚Nutzungen‘)

  8. Restrictions of the Ownership • The owner may not restrict the rights of others • The owner may not use his ownership in a way prohibited by law • Owners of land may not restrict the use of neighboring land (gas, waste water, heat, noise,...)

  9. Changes in the Definition (1) The definition of ownership allows changes in the right of ownership without altering the law itself • Changes in the rights of others affect the right of ownership • Other laws limit the right of ownership(e.g. Luftfahrtgesetz)

  10. Changes in the Definition (2) New laws may affect existing definitions • Changes in the definition come with time • Using a definition requires a reference to the date of the definition

  11. Consequences for Translations • Simple translations are prohibited (the words then refer to different definitions) – A word in a law is a reference to a definition and definitions in other countries may be different • Translations are only allowed ifdefinition and dependencies are equal

  12. What can go wrong? Objective view of ownership depends uponPerson (‚jemand‘)Object (‚Sache‘) Human being: Person AND Object  SLAVERY ALLOWED

  13. Consequences for Formal Specifications • Definitions must be unambiguous • Definitions must allow additions • Definitions must allow overlaps:- The land register is open to public (general)- Search for parcels by owner is prohibited

  14. Conclusion, Open Question, and Possible Solution • Avoid translations or define the words exactly • How to provide definitions that are unambiguous and easy to refine? • How to deal with overlaps (Axioms with instances replacing them in some cases?)

  15. Thank you for your Attention Comments? Questions? Suggestions?

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