Value-based argumentation for justifying compliance

Citation
B.burgemeestre,j.hulstijn,"y.-h. Tan, Value-based argumentation for justifying compliance, Artificial intelligence and law , 19(2-3), 2011, pp. 149-186
ISSN journal
09248463
Volume
19
Issue
2-3
Year of publication
2011
Pages
149 - 186
Database
ACNP
SICI code
Abstract
Compliance is often achieved by design through a coherent system of controls consisting of information systems and procedures. This system-based control requires a new approach to auditing in which companies must demonstrate to the regulator that they are in control . They must determine the relevance of a regulation for their business, justify which set of control measures they have taken to comply with it, and demonstrate that the control measures are operationally effective. In this paper we show how value-based argumentation theory can be applied to the compliance domain. Corporate values motivate the selection of control measures (actions) which aim to fulfil control objectives, i.e. adopted norms (goals). In particular, we show how to formalize the audit dialogue in which companies justify their compliance decisions to regulators using value-based argumentation. The approach is illustrated by a case study of the safety and security measures adopted in the context of EU customs regulation.