Encoding Legal Balancing: Automating an Abstract Ethico-Legal Value Ontology in Preference Logic

Enabling machines to legal balancing is a non-trivial task challenged by a multitude of factors some of which are addressed and explored in this work. We propose a holistic approach to formal modelling at different abstraction layers supported by a pluralistic framework in which the encoding of an ethico-legal value ontology is developed in combination with the exploration of a formalisation logic, with legal domain knowledge and with exemplary use cases until a reflective equilibrium is reached. Our work is enabled by a meta-logical approach to universal logical reasoning and it applies the recently introduced LOGIKEY methodology for designing normative theories for ethical and legal reasoning. We explore and illustrate the application of the multilayered LOGIKEY approach for the modelling of legal and world knowledge that is constrained by context-dependent value preferences. The framework is then exemplary applied for explaining and resolving legal conflicts in property law (wild animal cases) within a modern proof assistant system.