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This paper analyses some current jurisprudential and conceptual issues in evidence and procedure from the perspective of a computational legal theory. It introduces a specific investigative device, Trojans operated by police during crime investigation, and analyses whether current formal approaches to legal reasoning can be modified in such a way that the software code underlying this device can represent the relevant legal constraints that should govern its operation. We will argue that traditional formalist theories of legal reasoning are typically restricted to reasoning within a system, and incapable therefore of making the notion of 'legal system' sufficiently explicit. We discuss possibilities to expand on these approaches and identify the necessary elements of a computational theory of legal reasoning in an age of porous borders.
|Number of pages||33|
|Journal||Problema. Anuario de Filosofía y Teoría del Derecho|
|Publication status||Published - 2008|
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