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Computational law

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Computational law

Computational Law is the branch of legal informatics concerned with the automation of legal reasoning. What distinguishes Computational Law systems from other instances of legal technology is their autonomy, i.e. the ability to answer legal questions without additional input from human legal experts.

While there are many possible applications of Computational Law, the primary focus of work in the field today is compliance management, i.e. the development and deployment of computer systems capable of assessing, facilitating, or enforcing compliance with rules and regulations. Some systems of this sort already exist. TurboTax is a good example. And the potential is particularly significant now due to recent technological advances – including the prevalence of the Internet in human interaction and the proliferation of embedded computer systems (such as smart phones, self-driving cars, and robots).

There are also applications that do not involve governmental laws. The regulations can just as well be the terms of contracts (e.g. delivery schedules, insurance covenants, real estate transactions, financial agreements). They can be the policies of corporations (e.g. constraints on travel, expenditure reporting, pricing rules). They can even be the rules of games (embodied in computer game playing systems).

Speculation about potential benefits to legal practice through applying methods from computational science and AI research to automate parts of the law date back at least to the middle 1940s. Further, AI and law and computational law do not seem easily separable, as perhaps most of AI research focusing on the law and its automation appears to utilize computational methods. The forms that speculation took are multiple and not all related in ways to readily show closeness to one another. This history will sketch them as they were, attempting to show relationships where they can be found to have existed.

By 1949, a minor academic field aiming to incorporate electronic and computational methods to legal problems had been founded by American legal scholars, called jurimetrics. Though broadly said to be concerned with the application of the "methods of science" to the law, these methods were actually of a quite specifically defined scope. Jurimetrics was to be "concerned with such matters as the quantitative analysis of judicial behavior, the application of communication and information theory to legal expression, the use of mathematical logic in law, the retrieval of legal data by electronic and mechanical means, and the formulation of a calculus of legal predictability".

These interests led in 1959 to the founding a journal, Modern Uses of Logic in Law, as a forum wherein articles would be published about the applications of techniques such as mathematical logic, engineering, statistics, etc. to the legal study and development. In 1966, this Journal was renamed as Jurimetrics. Today, however, the journal and meaning of jurimetrics seems to have broadened far beyond what would fit under the areas of applications of computers and computational methods to law. Today the journal not only publishes articles on such practices as found in computational law, but has broadened jurimetrical concerns to mean also things like the use of social science in law or the "policy implications [of] and legislative and administrative control of science".

Independently in 1958, at the Conference for the Mechanization of Thought held at the National Physical Laboratory in Teddington, Middlesex, UK, the French jurist Lucien Mehl presented a paper both on the benefits of using computational methods for law and on the potential means to use such methods to automate law for a discussion that included AI luminaries like Marvin Minsky. Mehl believed that the law could by automated by two basic distinct, though not wholly separable, types of machine. These were the "documentary or information machine", which would provide the legal researcher quick access to relevant case precedents and legal scholarship, and the "consultation machine", which would be "capable of answering any question put to it over a vast field of law". The latter type of machine would be able to basically do much of a lawyer's job by simply giving the "exact answer to a [legal] problem put to it".

By 1970, Mehl's first type of machine, one that would be able to retrieve information, had been accomplished but there seems to have been little consideration of further fruitful intersections between AI and legal research. There were, however, still hopes that computers could model the lawyer's thought processes through computational methods and then apply that capacity to solve legal problems, thus automating and improving legal services via increased efficiency as well as shedding light on the nature of legal reasoning. By the late 1970s, computer science and the affordability of computer technology had progressed enough that the retrieval of "legal data by electronic and mechanical means" had been achieved by machines fitting Mehl's first type and were in common use in American law firms. During this time, research focused on improving the goals of the early 1970s occurred, with programs like Taxman being worked on in order to both bring useful computer technology into the law as practical aids and to help specify the exact nature of legal concepts.

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