Dynamic Qualification Trespass: Integrating ZFC Set Theory and Peircean Semiotics in Taiwan's Self-Defense Jurisprudence

This paper addresses a critical logical fallacy in Taiwan’s criminal jurisprudence regarding self-defense (Article 23 of the Penal Code): the "Static Slicing" of continuous cognitive processes. Traditional courts apply the axioms of Zermelo-Fraenkel Set Theory (ZFC), specifically the Axiom of Extensionality, to treat legal elements as discrete binary switches. This leads to the phenomenon of "Qualification Trespass," where a defendant’s defensive rights are abruptly terminated the moment an external threat ceases, disregarding human physiological latency. To resolve this, we propose a theoretical framework integrating Charles Sanders Peirce’s Triadic Semiotics with differential calculus. We derive a rigorous mathematical model demonstrating that "defensive intent" follows an exponential decay equation (I(t) = I0e−λt ) rather than a Heaviside step function. We advance beyond basic modeling by **parameterizing the decay constant λ ** basedon neuroscientific profiles (e.g., PTSD vs. Special Forces) and proposing an **"Inverse Judicial Calibration"** method to determine the objective trespass threshold ε. Legally, we position this model within the **Culpability Level** (Exculpation), akin to German StGB §33 . Finally, we present a "Computational Hermeneutics" model for future AI-assisted sentencing support.