英文摘要 |
Legal purposes not only contribute to the meaning of legal norms but also help lawyers arrive at legal conclusions, and even provide jus-tificatory force. Engineers in Artificial Intelligence and Law also recog-nize the importance of teleological reasoning in law and aim at building a computational model capable of teleological interpretation, no matter in models of statutory reasoning or case-based reasoning. This paper investigates the problem of teleological interpretation in CMLRs. It points out that CMLRs are capable of operating teleological reasoning within a limited scope but incompetent to deal with normative issues such as why certain values shall be realized through a teleological inter-pretation. This is because CMLRs in a purposive interpretation function to predict future possible outcomes, but it is another (fundamental) question regarding how this presupposed possible world fits into the normative state of affairs of a legal purpose. This article makes two con-tributions. First, it directly focuses on the form and structure of purpos-ive interpretation providing analysis and reflections on its applicative problem in CMLRs. Second, it clarifies the relationship between a legal purpose and meaning of a legal norm. This clarification helps CMLRs to understand to what extent a model design of teleological interpreta-tion is acceptable. |