School of Law School of Law
Academic Staff    
Mr Burkhard Schafer
Senior Lecturer in Computational Legal Theory
MA, LLM


School of Law
University of Edinburgh
Old College
South Bridge
Edinburgh EH8 9YL
UK

Tel: 0131 650 2008
Fax: 0131-650-6317
Email: B.Schafer@ed.ac.uk
Biographical Details

I studied Logic, Theoretical Linguistics, Philosophy and Law at the Universities of Mainz, Munich, Florence and Lancaster. My main field of interest is the interaction between law, science and computer technology, especially computer linguistics. How can law, understood as a system, communicate with systems external to it, be it the law of other countries (comparative law and its methodology) or science (evidence, proof and trial process). As a co-founder of the Joseph Bell Centre for Legal Reasoning and Forensic Statistics, I help to develop mathematically sound methods to evaluate scientific evidence, develop computer models which embody these techniques, and provide assistance to police and lawyers to interpret and apply scientific evidence, A special interest here is the development of computer systems that help law enforcement agencies to co-operate more efficiently across jurisdictions, assisting them in the interpretation of the legal environment within which evidence in other jurisdictions is collected. This research is linked to my wider interest in comparative law and its methodology, the idea of a "Chomsky turn in comparative law", and the project of a "computational legal theory" My Research Centre is the Joseph Bell Centre.

I'm involved with a number of organisations that promote the exchange between computer science and law, including the German Association for Informatics, BILETA, and the Evidence and Investigation network of the Scottish Institute for Policing Research. I'm also on the Nomination Committee of the International Association for Artificial Intelligence and Law.

Courses Taught
Evidence: Interpretation and Evaluation (Honours) (Course Organiser)
Jurisprudence of Legal Concepts (Honours)
Law and New Technologies: Artificial Intelligence, Risk and the Law 1 (LLM) (Course Organiser)
Law and New Technologies: Artificial Intelligence, Risk and the Law 2 (LLM) (Course Organiser)
Sport and the Law (LLM)
Legal Reasoning and Legal System (Ordinary)
PhD Supervisees
Wiebke Abel  'Mobile, Intelligent and Autonomous Surveillance Systems and the Law'
Yianna Danidou  'Legal Implications of Trusted Computing'
Nicholas Gervassis  'Human Rights (Civil and Social) in the On-Line Context'
Peng He  'Law of Lawmaking: A Study of Lawmaking from a Legal Theoretical Point of View'
Kuo-hsing Hsieh  'The Exclusionary Rule of Evidence in the United Kingdom, United States and China'
Rowena Rodrigues  'Revisiting the regulation of digital identity in the light of global implementation and local difference'
X. Panagia Voyatzis Hernandez  'Law and social change'
Selected Publications
Journal Articles
Burkhard Schafer 'Schlafwandelnd in den Überwachungsstaat?' (2009) Datenschutz und Datensicherheit Vol. 8 pp 483-489
Abstract
An analysis of the Hose of Lord's Report "Surveillance, citizen and the State".
Burkhard Schafer, Wiebke Abel 'The German Constitutional Court on the Right in Confidentiality and Integrity of Information Technology Systems' (2009) SCRIPT-ed pp.106-123 Vol 6
Burkhard Schafer, Wiebke Abel 'Il trojan "di stato" tedesco - sfide tra la legge e la tecnologia' (2009) Teutas - Diritto e Tecnologia Vol 2 pp. 30-44
Abstract
An analysis of the German "federal Trojan" and the technological and legal issues that it raises.
Burkhard Schafer 'Can you have too much of a good thing? A comment on Bart Verheij's legal argumentation support software' (2007) Law, Probability and Risk Vol 6 pp. 209-225
Abstract
The paper analyses an approach to computer assisted reasoning with evidence that was developed by Bart Verheij, and used by him in an educational setting. Drawing from work on multi-modal teaching of reasoning, an explanation for some of the observed problems is developed
Burkhard Schafer, Jeroen Keppens 'Legal LEGO: Model Based Computer Assisted Teaching in Evidence Courses' (2007) Journal of Information, Law and Technology Vol 1
Abstract
This paper describes the development of a new approach to the use of ICT for the teaching of courses in the interpretation and evaluation of evidence. It is based on ideas developed for the teaching of science to school children, in particular the importance of models and qualitative reasoning skills. In the first part, we make an analysis of the basis of current research into “evidence scholarship” and the demands such a system would have to meet. In the second part, we introduce the details of such a system that we developed initially to assist police in the interpretation of evidence.
Burkhard Schafer, Zenon Bankowski 'Double-click Justice: Legalism in the Computer Age' (2007) Legisprudence Vol 1 pp. 31-49
Abstract
Legalism seen as blind rule following (often embodied inthe metaphor of the "computer judge") is often confused with legality, an altogether more reflexive and rational concept. But legality to work properly needs to be related to and articulated withthe narrower concept of legalism. Only in their complex interaction can we begin to see legality as a mode of organisation appropriateto a free and democratic society. This is discussed here in the context of the computational implementation of legal concepts, an emergingissue in the regulation of cyberspace and other technology enhanced forms of human interaction
Burkhard Schafer, Qiang Shen, Jeroen Keppens, Colin Aitken, Mark Lee 'A scenario-driven decision support system for serious crime investigation' (2006) Law, Probability and Risk Vol 5 pp 87-117
Abstract
Consideration of a wide range of plausible crime scenarios during any crime investigation is important to seek convincing evidence and hence to minimize the likelihood of miscarriages of justice. It is equally important for crime investigators to be able to employ effective and efficient evidence-collection strategies that are likely to produce the most conclusive information under limited available resources. An intelligent decision support system that can assist human investigators by automatically constructing plausible scenarios, and reasoning with the likely best investigating actions will clearly be very helpful in addressing these challenging problems. This paper presents a system for creating scenario spaces from given evidence, based on an integrated application of techniques for compositional modelling and Bayesian network-based evidence evaluation. Methods of analysis are also provided by the use of entropy to exploit the synthesized scenario spaces in order to prioritize investigating actions and hypotheses. These theoretical developments are illustrated by realistic examples of serious crime investigation.
Burkhard Schafer, Doug Walton 'Arthur, George and the Mystery of the Missing Motive: Towards a Theory of Evidentiary Reasoning about Motives' (2006) International Commentary on Evidence Vol 4 (2)
Abstract
Reasoning about motives is a prominent part of the investigative process in Julian Barnes’ Arthur and George and in Conan Doyle’s novels themselves. In Arthur & George, it is the lack of motive that originally convinces Arthur of George’s innocence, a conclusion that a subsequent evaluation of George’s character supports. In many of the Sherlock Holmes novels, it is the discovery of a hidden motive that puts Holmes on the right track. On closer inspection though, the evidentiary value and logical structure of arguments from motive turn out to be problematic. In this paper, we use concepts from argumentation theory and computational models of agent behavior from artificial intelligence research to analyze the structure of motive-based reasoning in fictional and factual crime investigations and trials. This analysis is used to develop a theory that (a) accounts for the rationality of motive- based reasoning, (b) helps to distinguish plausible and implausible arguments from motive, and (c) to distinguish arguments based on motive from arguments based on intention and character, as well as from other, legally more problematic forms of evidentiary reasoning.
Burkhard Schafer 'Democratic Revival or E-Sell Out? A Sceptic's Report on the State of E-Governance in the UK' (2006) Electronic Journal of Comparative Law vol 10.3
Abstract
A revised version of the UK report on E-governance for the XVIIth International Congress of Comparative Law. It argues that e-government initiatives have at least the potential to weaken rather then strengthen democratic structures, and highlights the consequences this dual potential has for a functionalist comparative legal analysis of e-governance.
http://www.ejcl.org/103/art103-12.pdf
Burkhard Schafer 'The taming of the Sleuth—problems and potential of autonomous agents in crime investigation and prosecution' (2006) International Review of Law, Computers and Technology Vol 20 pp. 63-76
Abstract
The paper analyses legal issues arising from the use of autonomous agents in crime investigations, in particular the question of evidentiary constraints on undercover operations and their applicability to computer programs. The paper is divided into three parts. First, we give a short introduction to agent technology. In the second part, some existing projects of agent technology for crime investigations are discussed, and one particular legal problem, the law on entrapment, is exemplarily introduced. In the final part, we very briefly indicate how agent communication languages would have to be extended to address some of these concerns.

Burkhard Schafer, Kingston, John; Vandenberghe, Wim 'Towards a Financial Fraud Ontology: A Legal Modelling Approach' (2006) Artificial Intelligence and Law Vol 12 pp. 419-446
Abstract
Analyses the development of an ontology to model cross border financial fraud in the EU, and analyses the contribution of legal theory, comparative law and law and economics for such a project
Burkhard Schafer, Keppens, Jeroen 'Knowledge Based Crime Scenario Modelling' (2006) Expert Systems with Applications Vol. 30/2 pp. 203-222
Abstract
A crucial concern in the evaluation of evidence related to a major crime is the formulation of sufficient alternative plausible scenarios that can explain the available evidence. However, software aimed at assisting human crime investigators by automatically constructing crime
scenarios from evidence is difficult to develop because of the almost infinite variation of plausible crime scenarios. This paper introduces a
novel knowledge driven methodology for crime scenario construction and it presents a decision support system based on it. The approach
works by storing the component events of the scenarios instead of entire scenarios and by providing an algorithm that can instantiate and
compose these component events into useful scenarios. The scenario composition approach is highly adaptable to unanticipated cases
because it allows component events to match the case under investigation in many different ways. Given a description of the available
evidence, it generates a network of plausible scenarios that can then be analysed to devise effective evidence collection strategies. The
applicability of the ideas presented here are demonstrated by means of a realistic example and prototype decision support software
Burkhard Schafer, Wiegand, Olav 'Tiesu demokratija: cela uz tiesas procesa fenomenologisko teoriju' (2005) Kentaurs Vol 37 pp 163-180
Abstract
analyses attempts by the Baltic states to transplant the common law jury systems to their civilian substantive law from a phenomenological perspective
Burkhard Schafer 'Ontological commitment and the concept of "legal system" in comparative law and legal theory' (2005) ARSP Beihefte Vol 102 pp. 141-151
Abstract
The paper attempts a case study to show how jurisprudence can profit from ideas taken from the general theory of science to develop the conceptual vocabulary to engage in meaningful discussions with comparative law. It analyses the concept of "legal system" as used in comparative law and legal theory against the framework of Sneed and Stegmuellers non-statement voew of scientific theories.
Burkhard Schafer 'Intellectual Property Rights Issues of Digital Publishing - Presence and Perspectives' (2005) SCRIPT-ed Vol 2 pp. 59-71
Abstract
The paper analyses copyright issues resulting from free-to-air and open source academic publishing from a jurisprudential and conceptual perspective
Burkhard Schafer, Keppens, Jeroen 'And then there was none: Indirect proof and hypothetical reasoning in law' (2005) ARSP Beihefte Vol 97 pp. 177-187
Abstract
the paper analyses the argumentation theoretical, epistemological and evidentiary aspects of Agatha Christie's novel "And then there was none" to identify user requirements for an expert system to teach evidence evaluation. One such system based on ATMS technology is proposed and a worked out example analysed
Burkhard Schafer, Wiegand, Olav 'Incompetent, prejudiced and lawless?' (2004) Law, Probability and Risk pp. 93-108
Abstract
analyses the epistemology of fact finding by juries from the perspective of Gestaltpsychology
Burkhard Schafer 'The epistemology of "Epistemology and legal regulation of proof"' (2003) Law, Probability and Risk pp. 131-136
Abstract
a reply to Damaska's analysis of the cultural dependency of the notion of "legal proof"
Burkhard Schafer, Zenon Bankowski 'Emerging Legal Orders. Formalism and the Theory of Legal Integration' (2003) Ratio Juris Vol 16 pp. 486-505
Abstract
Analyses European integration from a jurisprudential perspective
Burkhard Schafer, Vandenberge, Wim; Kingston, John 'Light Ontologies for Heavy Criminals? Ontological modelling and fraud investigation in the EU' (2003) IFOMIS Report pp. 23-33 Vol 4
Abstract
Theoretcial reflections on the development of ontology based software for fraud prevention, detection and prosecution in a multi-jurisdiction context, using the example of VAT fraud. Comparisin with methodological assumptions underlying ontology based approaches in medicince
Burkhard Schafer 'Form and Substance in Online Legal Education - a look over the border' (2002) Law Teacher pp 333-346 Vol 6
Abstract
compares computer assisted learning in Germany and the UK
Burkhard Schafer 'Law and Law - a reply to Reid on strict liability' (2001) HLS Cahier 77-99
Abstract
argues for a formalist, conceptual approach to the comparative law of strict liability
Burkhard Schafer 'Grounding Legal Information Systems' (2001) Global Review of Cyberlaw Vol 1pp. 83-132
Abstract
analyses ontology oriented approaches to provide access to legal informations from foreign jurisdictions
Burkhard Schafer 'Legal Transplants and Legal Downloads' (2001) International Review of Law, Computers and Technology Vol 15 pp 301-315
Abstract
A comparative view on online legal education
Burkhard Schafer 'Alice in Cyberland - Legal Expert Systems for International Law Applications' (2000) Journal of Information, Law and Technology Vol.5
Abstract
Explores the use of formal ontologies and the theory of grounding for cross-jurisdictional information systems
Burkhard Schafer 'Form Follows Function Fails - as a Sociological Foundation of Comparative Law' (1999) Social Epistemology Vol. 13 No 2 pp.113-128
Abstract
A critique of functionalist approaches to comparative law, based on Imre Lakatos' theory of scientific evolution
Burkhard Schafer 'Lesniewski Quantifiers and Modal Arguments in Legal Discours' (1998) Logic and Logical Philosophy Vol. 6 pp.133-155
Abstract
Uses a system of intensional logic to analyse the notion of "criminal intent" in German, English and scots law
Burkhard Schafer 'Reason's Faltering Steps: A Review of Jaap Haage's Reasoning with Rules' (1998) International Journal of Law and Information Technology Vol. 3 no. 6 327-334pp.
Abstract
A critique of Jaap Haage's application of default logic to law and jurisprudence
Burkhard Schafer 'Inheritance Principles and the Community of Heirs' (1998) Frontiers in Artificial Intelligence: Formal Ontology in Information Systems Vol. 46 pp.108-120
Abstract
Develops a system of formal ontology to describe collective entities in German, French and UK law
Burkhard Schafer 'Reinach, Pragmatic Universals and the Methodology of Comparative law' (1997) Beiträge der Ludwig Wittgenstein Gesellschaft Vol. 20 pp.580-586
Abstract
Analyses the possibility of a research project in " cross-jursdictional legal universals" based on Reinach's legal philosophy
Chapters
Burkhard Schafer, Yianna Danidou 'In Law We Trust? Trusted Computing and Legal Responsibility for Internet Security' in Gritzalis, Dimitris; Lopez, Javier (eds) Emerging Challenges for Security, Privacy and Trust (Springer, 2009) pp 399-409
Abstract
This paper analyses potential legal responses and consequences to the
anticipated roll out of Trusted Computing (TC). It is argued that TC constitutes
such a dramatic shift in power away from users to the software providers, that it
is necessary for the legal system to respond. A possible response is to mirror the
shift in power by a shift in legal responsibility, creating new legal liabilities and
duties for software companies as the new guardians of internet security.
Burkhard Schafer 'Twelve Angry Men or One Good Woman? Asymmetric Relations in Evidentiary Reasoning' in Hendrik Kaptein, Henry Prakken, Bart Verheij (eds) Legal Evidence and Proof: Statistics, Stories, Logic (Ashgate, 2009) 255-283
Burkhard Schafer, Tamsin Maxwell 'Concept and Context in Legal Information Retrieval' in Enrico Francesconi, Giovanni Sartor, Daniela Tiscornia (eds) Legal Knowledge and Information Systems - JURIX 2008 (IOS Press, 2008) pp 63 - 72
Abstract
There exist two broad approaches to information retrieval (IR) in the legal domain: those based on manual knowledge engineering (KE) and those based on natural language processing (NLP). The KE approach is grounded in artificial intelligence (AI) and case-based reasoning (CBR), whilst the NLP approach is associated with open domain statistical retrieval. We provide some original arguments regarding the focus on KE-based retrieval in the past and why this is not sustainable in the long term. Legal approaches to questioning (NLP), rather than arguing (CBR), are proposed as the appropriate jurisprudential and cognitive underpinning for legal IR. Recall within the context of precision is proposed as a better fit to law than the ‘total recall’ model of the past, wherein conceptual and contextual search are combined to improve retrieval performance for both parties in a dispute.
Burkhard Schafer, Wiebke Abel 'Rechtsinformatik und Kulturerbe - Vorbemerkungen zu einem Austausch.' in Rosemary Hunter (eds) Choice and Consent: Feminist engagements with law and subjectivity (Routledge Cavendish, 2007) pp. 262-269
Burkhard Schafer, Jeroen Keppens, Qiang Shen 'Thinking with and outside the box: developing computer support for evidence teaching' in Paul Roberts, Mike Redmayne (eds) Innovations in Evidence and Proof (Hart, 2007) pp. 139-158
Abstract
The paper describes a model based approach to the use of ICT in the teaching of forensic science to law students.
Burkhard Schafer 'Paul Lorenzen' in Julian Nida-Rümelin, Elif Ozmen (eds) Philosophie der Gegenwart in Einzeldarstellungen (Kröner, 2007) 392-394
Burkhard Schafer 'E-government in the United Kingdom' in Prins, Corien (eds) Designing e-government (Kluwer, 2007) 165-183
Abstract
The national report on e-governance for the UK from the International Congess for Comparative Law, Utrecht 2007
Burkhard Schafer 'The Courtroom as Laboratory: Universalism and Evidentiary Reasoning' in Zenon Bankowski, James MacLean (eds) The Universal and the Particular in Legal Reasoning (Ashgate, 2006) 205-223
Abstract
The paper analyses Solomon's judgement from the perspective of theory of science, more specificially particularist theories such as Nancy Cartwright's" Dabbled world". It analyses the consequences such a particularist account has for evidence scholarship, and a rational account of deciding issues of fact in a court room setting
Burkhard Schafer, Kingston, John 'FF POIROT: Herausforderungen für grenzüberschreitende Informationssysteme' in Schweighofer, Erich et all (eds) e-Staat und e-Wirtschaft aus rechtlicher Sicht (Boorberg Verlag, 2006) pp 265-273
Abstract
Discusses the methodological issues in the development of multi-lingual legal expert systems, using the FF POIROT project as a case study
Burkhard Schafer, Olav Wiegand 'It's Good to Talk: Speaking Rights and the Jury' in Victor Tadros, Antony Duff, Lindsay Farmer and Sandra Marshall (eds) The Trial on Trial (Volume Two): Judgment and Calling to Account (Hart Publishing, 2006) 117-133
Abstract
The paper explores the leverage that a comparative and transdisciplinary perspective can bring to a normative theory of the trial process. In particular, it analyses recent attempts for jury reform, the right of jurors to ask questions, from the perspective of phenomenological theories of learning and interpretation.
Burkhard Schafer, Keppens, Jeroen 'Assumption based peg unification for crime scenario modelling' in Marie Francine Moens and Peter Spyns (eds) Legal Knowledge and Information Systems: JURIX 2005 (IOS Press, 2005) pp. 49-58
Abstract
An important cause of miscarriages of justice is the failure of crime investigators and lawyers to consider plausible explanations for the available evidence. Building on work by the authors to develop software support to adress this issue, this paper describes an important class of scenarios, containing "alternative suspects" and "hidden objects" which cannot be generated robustly using conventional abductive inference mechanisms. The work is extended by proposing a novel inference mechanism, based on peg unification theories developed in dynamic logic, to generate these scenarios
Burkhard Schafer, Keppens, Jeroen 'Der Hund der nicht gebellt hat - hypothetisches Schliessen in juristischen Expertensystemen' in Scheighofer, Liebwald, Augeneder, Menzel (eds) Effizienz von e-Lösungen in Staat und Gesellschaft (Boorberg, 2005) pp. 51-57
Abstract
analyses the computer implementation of hypothetical resoning in law, and of some of the procedural rules that govern it in German law
Burkhard Schafer, Kingston, John; Vandenberge, Wim 'Ontological Modelling and Commitment to Comparative Legal Theory. A Case Study' in Enrique Caceres Nieto (eds) Inteligencia artificial aplicada al derecho (UNAM, 2005) pp 1-29
Abstract
the paper analyses how the POIROT project, an ontology based system to prevent VAT fraud in the EU, could be used within the NAFTA faremwork, and how comparative law woud have to guide this re-use
Burkhard Schafer, Gervassis, Nicholas 'How to Derive an "Ought" from a "Can't": Virtual Laws, Artificial Societes and the Idea of Designing out Crime in Cyberspace' in Polcak, Radim (eds) Cyberspace 2004: Normative Framework (Masarykova Univerzita v Brnì, 2005) pp 15-22
Abstract
The paper brings together Lessig's idea of code as law with ideas from situational crime prevention to shed new light on Hume's fallacy, and draws soem normative and theoretical conclusion for the regulation of cyberspace.
Burkhard Schafer, Keppens, Jeroen; Shen, Quian 'Probabilistic abductive computation of evidence collection strategies in crime investigations' in ICAIL (eds) Proceedings of the Tenth International Conference on AI and Law (ACM, 2005) pp. 215-225
Abstract
the paper present a methodology for integrating two approaches to building a decision support system for crime investigation: symbolic scenario abduction and Bayesian forensic evidence evaluation
Burkhard Schafer, Bromby, Michael 'Wie Tajomaru seine NemeSys fand: Expertensysteme zum Augenzeugenbeweis' in Bernard Schuenemann, Marie Tinnefeld, Roland Wittmann (eds) Gerechtigkeitswissenschaft (Berliner Wissenschafsverlag, 2005) pp. 259-278
Abstract
applies the ADVOKATE expert system to Akiro Kuosawa's "Roshomon"
Burkhard Schafer, Kingston, John; Vandenberghe, Wim 'No Model Behaviour: Ontologies for Fraud Detection' in Benjamins, Richard (eds) Law and the Semantic Web (Springer, 2005) pp. 233-247
Abstract
The paper reports results from a larger EU fifth framework project, FF POIROT, that developd ontology based approaches for the detection and prevention of cross border financial fraud in the EU, in particular VAT and investment fraud. It analyses more specifically the tension betwen the modelling of legal and factual aspects of a case, using Wigmore charts for knowledge extraction
Burkhard Schafer, Keppens, Jeroen 'Murdered by persons unknown. Speculative reasoning in law and logic' in Gordon, Thomas (eds) Legal Knowledge and Information Systems Jurix2004 (IOS Press, 2004) pp. 109-119
Abstract
proposes an extension of the formalism the authors developed earlier to model abductive evidentiary reasoning in an ATMS. The original approach was based on possible world semantics. Using the doctrine of incrimination as a starting point, we propose an extension using "pegs" as introduced in dynamic logic by Landman and Veltman
Burkhard Schafer, Rodriguez-Rico, Monica; Vandenberghe, Wim 'Undercover agents and agents provocateur - evidence collection by autonomous agents and the law' in Claudia Cevenini (eds) The Law of Electronic Agents - LEA04 (Gedit Edizioni, 2004) pp. 155-170
Abstract
analyses legal problems caused by the use of autonomous agents to collect evidence for criminal prosecutions, in particular the entrapment defence
Burkhard Schafer, Vandenberghe, Wim; Kingston, John 'Ontology Modelling in the Legal Domain - Realism without Revisionism' in Grenon, Pierre (eds) Reference Ontologies and Application Ontologies (CEUR-WS, 2003) Vol. 94
Abstract
analyses results from the FF POIROT project on modelling investment fraud in Europe from a philosophical perspective
Burkhard Schafer 'It's just not cricket: RoboCup and fair dealing in contract' in Emily Weitzenboeck, Anja Oskamp (eds) The Law and Electronic Agents (Unipub AS, 2003) pp 33-46
Abstract
Reconnects current debates on legal issues of computer mediated contract formation to the roots of agent technology in robotics. Can agent technologu developed for team sports help us understand good faith and fair dealing requirements in contract laws?
Burkhard Schafer 'Sometimes you must be kind to be cruel: Amnesty between publicae laetitiae and damnatio memoriae' in Emilios A. Christodoulidis, Scott Veitch (eds) Lethe's Law: Justice, Law and Ethics in Reconciliation (Hart Publishing, 2001) pp.17-32
Abstract
analyses the impact of the amnesty for RAF terrorists on that organisation in post-reunification Germany
Burkhard Schafer, Zenon Bankowski 'Mistaken identities: the integrative force of private law' in (eds) The Harmonisation of European Private Law (Hart Publishing, 2000) pp 21-47
Abstract
analyses the process of European legal harmonisation, using system theory, cognitive linguistics and artificial society research as theoretical tools
Burkhard Schafer 'Community Zoos, Theme Park Cultures and the Right to Leave them all' in Emilios A. Christodoulidis Communitarianism and Citizenship (Aldershot: Ashgate, 1998) pp. 84-100
Abstract
Discusses if a liberal can make more consessions to group rights than Kymlicka concedes
Notes and Reviews
Burkhard Schafer 'Language Rights and the Internet' (2002) E-L@w Review 9,10
Abstract
discusses the Canadian Hyperinfo case and the application of the Canadian Charter of the French language in cyperspace
Papers and Presentations
Burkhard Schafer 'The computer says no: hearsay and machine generated speech' presented at BILETA Annual Conference, Glasgow, 2008
Burkhard Schafer 'Wege durch's Recht: Graphische Interfaces fuer juristische Informatiksysteme' presented at IRIS, Salzburg, 2008
Burkhard Schafer 'Asymmetric relations in evidentiary reasoning' presented at IVR XXIII World Congress, Krakow, Poland, 2007
Burkhard Schafer 'Trust me I'm a computer scientists: a comparative study in the interpretation of digital evidence' presented at BILETA annual conference, Hertfordshire, 2007
Burkhard Schafer 'Ontologien zum rechtlicher Schutz der Kunst' presented at IRIS, Salzburg, 2007
Burkhard Schafer 'An officer and gentlebot: autonomous agents in the law of armed conflicts' presented at GikII, London, 2007
Burkhard Schafer, Andrew Priddle-Higson 'Modelling 'Buchanan v. Babco'' presented at JURIX, Leiden, 2007
Abstract
The paper describes some issues raised by an attempt to develop formal models for the "Buchanan v Babco" case, in particular challenges to develop formal models for multi-language reasoning
Burkhard Schafer 'Alles Kaese: Ene logisch-philosophische Analyse der Feta Entscheidung des EuGH' presented at IRIS, Wien, 2006
Burkhard Schafer 'De minimis non curat lex - an obstacle to internet governance?' presented at GikII Workshop, Edinburgh, 2006
Burkhard Schafer 'FF POIROT: Ein Erfahrungsbericht' presented at IRIS, Wien, 2006
Burkhard Schafer 'Was sind Kunstobjekte? Der Beitrag der Informatik zum rechtlichen Schutz des Kulturerbes' presented at EDV-Gerichtstag, Saarbrücken, 2006
Burkhard Schafer 'COCOA: Computational Comparative Analysis' presented at Congreso Internacional de Inteligencia Artificial y Derecho, Mexico ity, 2006
Burkhard Schafer 'Murder, Mayhem and Method - computational thinking about crime in fact and fiction' presented at 19th Jurix conference, Paris, 2006
Burkhard Schafer 'Der Hund der nicht gebellt hat - modellbasierte Expertensysteme in der Strafverfolgung' presented at Internationales Rechtsinformatik Symposium IRIS 2005 Salzburg, Salzburg, 2005
Abstract
the paper uses Conan Doyle's story to explain the basic design features of model based reasoning systems for crime investigation, and how they replicate falsificationist and abductive reasoning about crime. It concludes by ponting out some pertinent legal issues, in particular the inadmissibility of reasoning about alternative investigative processes ("alternative Ermittlungsverlaeufe") in German criminal procedure.
Burkhard Schafer 'The taming of the sleuth - Hohfeldian logic and crime investigation by autonomous agents' presented at 20th BILETA conference, Belfast 2005, Belfast, 2005
Burkhard Schafer 'Androids - liberation or liability' presented at Science Festival, Edinburgh 2005, Edinburgh, 2005
Burkhard Schafer 'Abductive computation of evidence collection strategies in crime investigations'' presented at ICAIL 2005, Bologna, 2005
Burkhard Schafer 'Money talks - RFID technology and the law of evidence' presented at AHRC Centre Privacy Workshop, Edinburgh, 2005
Burkhard Schafer ''Assumption based peg unification for crime scenario modelling'' presented at JURIX, Brussels, 2005
Burkhard Schafer 'Wie Rashomon seine NemeSys fand Expertensysteme zum Zeugenberweis' presented at Internationales Rechtsinformatik Symposium IRIS, Salzburg, 2004
Abstract
describes how the ADVOKATE system can be extended to cope with multiple witnesses, including the "Rashomon effect"
Burkhard Schafer 'Legal expert systems for multi-jurisdiction applications' presented at Congreso Internacional de Culturas y Sistemas Jurídicos Comparados, Mexico, 2004
Abstract
analyses the methodological problems in constructing legal expert systems that incorporate knowledge form more than one jurisdiction
Burkhard Schafer 'Undercover agents and agents provocateur - evidence collection by computers and the law' presented at Law of Electronic Agents LEA04, Rome, Rome, 2004
Abstract
analyses the evidentiary status of evidence collected by autonomous agents
Burkhard Schafer 'Plea Bargaining and the ECHR - towards a bayesian approach' presented at ESRC Transdisciplinary Conference on Law, Probability and Risk, Edinburgh 2004, Edinburgh, 2004
Abstract
analyses the compatibility of plea bargaining with the ECHR, arguing that a better understanding of decision making under uncertainty is required to gauge the quality and quantity of information the accused needs to know
Burkhard Schafer 'Murdered by persons unkown, Speculative reasoning in law and logic' presented at JURIX 2004, Berlin, 2004
Abstract
proposes an extension to a formalism developed earlier that models abductive reasoning about evidence. Using the doctrine of "incrimination" as starting point, I explain how "pegs", a concept taken from dynamic logic and discourse represenation theory, helps to udnerstand crucial distinctions inthe law of evidence
Burkhard Schafer 'It's just not cricket - RoboCup and fair dealing in contract' presented at International Conference on AI and Law (2003), Edinburgh, 2003
Abstract
analyses the question of good faith in contract for computer mediated contracts with reference to robotics
Burkhard Schafer 'Nemesys - Managing and Interpreting Eyewitness Evidence' presented at 2. Joseph Bell Workshop on the Evaluation of Evidence, Edinburgh, 2003
Abstract
Introduces the Networked Eyewitness Management and Evaluation System
Burkhard Schafer, Jeroen Keppens 'Usingt the box to think outside it - Creative Computer support in crime investigations' presented at IVR World Congress Lund 2003, Lund, 2003
Abstract
Describes a model based reasoning system that allows explicit reasoning about crime scenes to suppport lawyers and police in constructing and testing alternative theories and hypothetical states of affairs
Burkhard Schafer 'Similarity between deontic systems' presented at IVR World Congress Lund 2003, Lund, 2003
Abstract
Uses Sneed-Stegmueller Structuralism to analyse the notion of "legal system" and "legal family" in a strictly formal way, but without using a linguisitcally defined coherence/consistency relation between sets of sentences or rules
Burkhard Schafer 'Light Ontologies for Heavy Criminals' presented at 26th German Conference on Artificial Intelligence, Hamburg, Hamburg, 2003
Abstract
Discusses the theoretical issues raised by the development of ontology based expert systems to combat fraud in the EU
Burkhard Schafer 'Academics as performance artists, some heretical thoughts' presented at FIGARO Workshop on Copyright law, Hamburg 2003, Hamburg, 2003
Abstract
Argues that online publishing can change the nature of academic output from a "product" to a "process" and discusses the copyright implications.
Burkhard Schafer 'Good grief - memory and victimehood' presented at Law and Reconciliation Workshop, Edinburgh, 2002
Abstract
analyses the question of victim's rights from the experience gained on reconciliation through amnesties in political processes
Burkhard Schafer 'Paraconsistency and Legal Reasoning in the EU, a reply' presented at Hanse law School Round table (2002), Edinburgh, 2002
Abstract
argues for the relevance of Thagard's theory of consistency to understand the emerging legal order in the EU
Burkhard Schafer 'The sound of silence - towards a theory of negative rights on the internet' presented at BILETA Annual conference, Amsterdam, 2002
Abstract
Argues for an extension to the Hohfeldian theory of right to include "negative rights" (the right NOT to vote, listen to arguments etc etc) to analyse issues of privacy on the internet.
Burkhard Schafer 'Roman law as degenerative research programme - Imre Lakatos meets Alan Watson' presented at Law and History Colloquium, London, UCL, 2002
Abstract
Argues for the use of Lakatos' methodology of scientific research programmes to understand problems of legal change highlighted by Alan Watson
Burkhard Schafer 'Deontic Logic and the EU Feta directive' presented at 4th German-Polish Conference on Logic and logical Philosophy, Dresden, 2001
Abstract
Used discussionsin formal semantics to analyse the logic of the EU feta directive
Burkhard Schafer 'The weakest link - police expert systems and statistical analysis' presented at BILETA Annual Conference 2001, Edinburgh, 2001
Abstract
Analyses the evidentiary problems posed by police expert systems like the Flint system from the perspective of statistical theory
Burkhard Schafer 'Elementary my dear Watson - expert systems in the interface between forensic science, police and the legal profession' presented at International Conference on AI and Law ICAIL, St Louis, 2001
Abstract
Describes the research carried out by the Joseph Bell Centre for forensic statistics and legal reasoning
Burkhard Schafer 'Law and Law - a reply to Reid' presented at Hansa Law School Round Table, University College, London, 2001
Abstract
argues for a rethink of the methodology of rule comparison in comparative law, based on Reid's paper on Strict liability
Burkhard Schafer 'Unity in diversity - how to chose the right logic for legal AI' presented at BILETA annual conference (1999), York, 1999
Abstract
introduces the notion of abstract deductive systems as a framework theory to chose appropriate formalisms to model legal knowledge
Burkhard Schafer 'Mercy or law and mercy through law - the German RAF amnesty' presented at Mercy and Law Workshop Edinburgh, Edinburgh, 1998
Abstract
analyses the "cold" amnesty for the German RAF terrorist group, and the impact it had on the structure of this organisation
Burkhard Schafer '"Is Roman law a degenerative research programme"' presented at CLS (Red Hawk) Seminar Series, Edinburgh, 1998
Abstract
brings together Imre Lakatos' theory of methodologial research programmes and Alan Watson's anaysis of Roman law reception
Burkhard Schafer 'The Ghost in the machines Copyright protection for computer art' presented at 6th European Conference on AI and Law, Hertfordshire, 1998
Abstract
discusses the question of moral rights for computer generated art
Burkhard Schafer 'Multimodality and legal reasoning' presented at 2. German-Polish Conference on logic and logical Philosophy, Sagan, 1998
Abstract
analyses the interplay of modalities in the criminal law of attempt
Burkhard Schafer 'Legal Ontology "sans frontiers"' presented at Formal Ontology in Information Systems Conference (FOIS(98), Trento, 1998
Abstract
develops a formal ontology to compare collective legal entities (community of heirs, companies, partnerships etc) across jurisdictions
Burkhard Schafer 'Mereologie in der Rechtsvergleichung' presented at Philosophia Scientifica: Mereologie in den Wissenschaften, Murnau, 1997
Abstract
uses mereological notions of part and whole to compare selected legal concepts
Burkhard Schafer 'Hohfeldian reductionism and the abortion debate' presented at Realism, Reductionsim, Revision: 3rd Conference of the German Association for Analytical Philosophy, Muenchen, 1997
Abstract
extends the Hohfeldian Scheme of rights and duties to analyse the debate between Hoerster and Spaeman on abortion and pre-natal rights
Burkhard Schafer 'How Greece lost its marbles' presented at Public law and Property, Edinburgh, 1997
Abstract
uses the concept of intergenerational equity to analyse issues of cultural property
Burkhard Schafer 'Community Zoos and Theme park cultures' presented at ALSP annual conference, Edinburgh, Law Faculty, 1997
Abstract
a hohfeldian analysis of Kymlicka's disucssion of internally opressive minority rights
Burkhard Schafer 'Reinach, Pragmatic universals and the methodology of comparative law' presented at 19th international Ludwig Wittgenstein Conference, Kirchberg, 1997
Abstract
Compares Reinach's theory of a priori legal structures to the concept of universal grammar in chomskyan linguistics
Burkhard Schafer 'Flower power and power for flowers - a comparative analysis of legal standing for NGOs' presented at Hart Workshop: Acess to environmental justice, 1996
Abstract
analyses the effect different rules on legal standing have on the efficiency of NGO's
Grants Awarded
Awarded £95,537 by EPSRC for project 'The Evaluation of Evidence in the Form of Multivariate Data and in the Absence of Population Data', from 01/02/2006 to 31/01/2008
Awarded £205,291 by ESRC for project 'Evidence: Its Nature and Evaluation?', from 01/10/2004 to 31/10/2007
Awarded £90,599 by EPSRC for project 'Software for the Investigation and Evaluation of Scientific Evidence to Combat Trafficking in Illegal Materials', from 01/10/2004 to 31/03/2007
Awarded £10,300 by None for project 'AGIS - Cyber Experience', from 01/11/2005 to 31/10/2006
Awarded £169,168 by EU Government for project 'Poirot Project', from 01/09/2002 to 31/08/2005
with Professor Zenon Bankowski awarded £728,500 by SHEFC for project 'Centre for Forensic Statistics and Legal Reasoning', from 01/10/2001 to 30/09/2004
Awarded £91,382 by EPSRC for project 'Model-Based Investigation of Crime Scenarios I', from 01/02/2004 to 31/07/2004

Accessibility menu