Home - IVR 2024
Ascription Rules and the Rule of Law
Convenors
André Nunes Conti (LMU University of Munich, Germany) andrenunesconti@gmail.com
Zhiwei Tang (Shanghai Jiaotong University, China) tang.zhiw@qq.com
The proposed special workshop revolves around the concept of ascription rules within legal theory, exploring their logical structure and their implications for distributive justice in legal systems. Ascription rules essentially determine the allocation of legal consequences to legal subjects based on conditions of application that establish a connection between legal subjects and legal facts. This process becomes crucial in addressing central issues of distributive justice, as ascription rules dictate whether legal consequences are applied to a particular subject based on their free choices or on uncontrollable, casual factors.
In parallel, the workshop approaches the rule of law as a fundamental structural principle in modern legal systems. The rule of law requires rationality and prohibits arbitrariness, forming the bedrock of contemporary justice conceptions. But although the rule of law can be examined across various types of legal rules, the workshop posits that ascription rules introduce a unique set of challenges that demand particular attention to meet the requirements of the rule of law.
The workshop thereby focuses on contemporary strains on the rule of law in the realm of ascription rules. Pressing issues include problems regarding the recognition of nature, AIpowered machines, and future generations as legal subjects, as well as the assignment of liability for AI systems and the adaptation of criminal law systems, originally designed to punish individuals, to address collective actors such as companies
To address both traditional and emerging issues related to ascription rules and their alignment with the rule of law, the workshop will begin with a general opening exposition of the conceptual framework of the problem, followed by five discussions on concrete examples drawn from private, criminal, and public law. This approach aims to combine the analytical strength of legal theory in identifying a particularly relevant field of rules with the substantive insights of legal philosophy in exploring the implications of the rule of law. The specific instances to be explored in these discussions encompass punishment of enterprises, compliance in multinational company groups, regulation of AI systems, and environmental policy. Each of these instances reflects the evolving landscape of legal challenges where ascription rules intersect with the rule of law, underscoring the need for thoughtful analysis and adaptation in the face of contemporary challenges.
By handling concrete examples, the workshop seeks to bridge the gap between abstract theoretical discussions and practical regulatory issues. This approach clearly aligns with the overarching goal of the IVR 2024 Conference, enriching the discussions on the rule of law, justice, and the future of democracy. In fact, the workshop’s focus on ascription rules provides a tangible and focused lens through which to explore these broader themes, contributing a nuanced perspective to the larger conversations anticipated at the conference.
Overall, the workshop aims to deepen the understanding of the interplay between ascription rules and the rule of law, offering valuable insights into the evolving landscape of legal theory and practice.

Presentations:
1. The Logical Structure and Substantive Significance of Ascription Rules
André Nunes Conti, LL.M., Ludwig Maximilian University of Munich (GER)

2. The Limits of Normative Attribution
Prof. Dr. Frank Saliger, Ludwig Maximilian University of Munich (GER)

3. Social Adequacy as Ascription Rule
Dr. Junhan Zeng, Peking University (PRC)

4. Attributing Criminal Liability to Corporate Actors
Dr. Tang Zhiwei, LL.M., Shanghai Jiaotong University (PRC)

5. “Mistake of Fact” or “Mistake of Law” in the Field of Criminal Imputation
Dr. He Liu, Fudan University (PRC)

6. Ascription Rules for Fraud - From the perspective of civil and criminal law
Tong Zheng, Ludwig Maximilian University of Munich (GER)