Argumentation-Based Legal Requirements Engineering: The Role of Legal Interpretation in Requirements Acquisition

2016 ◽  
Author(s):  
Robert Muthuri ◽  
Guido Boella ◽  
Joris Hulstijn ◽  
Llio Humphreys
Keyword(s):  
Requirements Engineering ◽  
Legal Interpretation ◽  
Legal Requirements ◽  
Requirements Acquisition

The Role of Nonmonotonic Representations in Requirements Engineering

1998 ◽  
Vol 08 (03) ◽  
pp. 385-399 ◽  
Author(s):  
Grigoris Antoniou
Keyword(s):  
Software Engineering ◽  
Knowledge Representation ◽  
Requirements Engineering ◽  
Nonmonotonic Reasoning ◽  
Default Reasoning ◽  
Requirements Prioritization ◽  
Evolving System ◽  
System Requirements

This paper discusses the significance of nonmonotonic reasoning, a method from the knowledge representation area, to mainstream software engineering. In particular, we discuss why the use of defaults in specifications is an adequate way of addressing some of the most important problems in requirements engineering, such as: The problem of identifying and dealing with inconsistencies; evolving system requirements; requirements prioritization; and the quality of specifications with respect to naturalness and compactness. We argue that these problems need to be addressed in a principled, formal way, and that default reasoning provides adequate mechanisms to deal with them.

scholarly journals The Theory of Interpretation in Solving Contemporary Legal Issues: With A Focus on the Instrument of Ijtihad

2018 ◽  
Vol 150 ◽  
pp. 05056
Author(s):  
Abdulrahman M.A.Albelahi ◽  
A. Ali ◽  
Faten Mohmed ◽  
Metwally Ali
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Legal Issues ◽  
Legal Interpretation ◽  
Way Of Life ◽  
Essential Question ◽  
Judicial Reasoning ◽  
The Law ◽  
Law And Legislation

Since the beginning, legal theory has concerned itself with the establishment of principles and precepts that govern the procedure of legal interpretation, from the initial stages of the judicial reasoning down to the promulgation of ruling and their implementation, Islam is a total way of life. Muslims are obliged to abide by the rules of Allah in every aspect of their lives, always and wherever they live. However, the actual rules of Allah as given in the Qur’an and the sunna are limited. The Qur’an contains only six hundred verses directly related to laws, and there are approximately two thousand hadiths. The function of interpretation is to discover the intention of the Lawmaker of the matter, therefore, interpretat primarily concerned with the discovery of that which is rot self-evident the objective of interpretation is to ascertain the intention c the Lawmaker with regard to what has been left unexpressed as a matter of necessary interference from the surrounding circumstances. Sometimes, the textual sources did not provide detailed guidelines in which to derive the law, and then the role of interpretation is important to determine the law. In Islamic law the role of Ijtihad undoubtedly important in order to meet new problems. But some of the Jurist contended that the role of Ijtihad had ended and we have to follow the rule that has been stated. An explanation given to this trend is that a point had been reached at which all essential question of law had been thoroughly discussed and further deliberation was deemed unnecessary. In Common law, man-made law and legislation are related to one another within a philosophy of law. Parliament makes law and it is the duty of the courts to give effect to them if properly enacted. While courts may rule that a particular statute or section is invalid for various reasons such as unconstitutionality, they cannot say, "We shall change this Act because it is not appropriate". That function belongs to Parliament (Wu Min Aun 1990: 120). So as in Islamic law, the Lawmaker is Allah S.w.t and the sacred text (Quran) is legislated due to His intention whereas Sunnah of the Prophet Muhammad is enacted due to the Prophet's intention. Therefore, Ulama of Usul Fiqh, in making any Ijtihad, they are du y bound to be guided by Quran and Sunnah.

How to integrate legal requirements into a requirements engineering methodology for the development of security and privacy patterns

2008 ◽  
Vol 17 (1) ◽  
pp. 1-30 ◽  
Author(s):  
Luca Compagna ◽  
Paul El Khoury ◽  
Alžběta Krausová ◽  
Fabio Massacci ◽  
Nicola Zannone
Keyword(s):  
Requirements Engineering ◽  
Security And Privacy ◽  
Legal Requirements

Le pourvoi en cassation en matière civile

2019 ◽  
Vol 81 ◽  
pp. 87-102
Author(s):  
Christian Charruault
Keyword(s):  
European Countries ◽  
Legal Interpretation ◽  
Selection Mechanism ◽  
Legal Provisions ◽  
Main Endeavour

The author analyzed the structure of cassation proceedings in France. He remarked that the French Cassation Court does not examine the dispute, but the judgment which was issued as a result of the proceedings in a specific case. He claims that the function of the cassation proceedings, as well as the role of a cassation judge is special for several reasons. Most importantly, cassation consists in overruling a judgment. The legal interpretation and the justification of the grounds of such a ruling bear more similarity to doctrinal considerations rather than a purely judicial verdict. The text also presents the organisation of the French Cour de cassation by describing the composition of each chamber, their scope of competence, the tasks of the president of the court as well as the overall day-to-day functioning. The author asserts that the organisation of the court reflects its main endeavour, namely to assure the uniformity of the jurisprudence. Additionally, he puts an emphasis on the relation between the selection mechanism of cassation cases and the Cassation Court’s ability to efficiently fulfill its role. The author argues that such mechanisms do not infringe on Article 6 (1) ECHR. Next, the author proceeds to describe an outline of the court session at the Cour de cassation, including the role of judges, parties to the proceedings, as well as the scope of examination of a cassation and the possible outcomes that come into play. The author concludes his considerations by analysing the extent to which the French cassation court may control the constitutionality of legal provisions and juxtaposing it with solutions adopted in some other European countries.

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