The Story of the Lawyer and the Machine

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The Story of the Lawyer and the Machine. Tom van Engers. Legal engineering. G. Term : This means that and has relations with those. e-Court. CLIME. Sources. Formal Models. Applications. doctrine. legis prudence. case law. legislation. p1,p2,…. q1,q2,…. O( α І β ). concepts.
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The Story of the Lawyer and the MachineTom van EngersLegal engineeringGTerm: This means that and has relations with thosee-CourtCLIMESourcesFormal ModelsApplicationsdoctrinelegis prudencecase lawlegislationp1,p2,…q1,q2,…O(αІβ)conceptsnormstasks and reasoningmeta-knowledgeFOLawLLDLKIF…LRI-coreThe Lawyer and the Machine?The Lawyer and the Machine?The Lawyer and the Machine?Legal engineering
  • Legal reasoning as a rational process
  • Based upon mathematical principles
  • "Once the characteristic numbers of most notions are determined, the human race will have a new kind of tool, a tool that will increase the power of the mind much more than optical lenses helped our eyes, a tool that will be as far superior to microscopes or telescopes as reason is to vision."Leibniz, Philosophical EssaysLegal engineering perspectives
  • Document management
  • Search and retrieval
  • Case management
  • Deductive reasoning
  • Thus far many useful applications have been implemented
  • Argumentation Support
  • Need for a realistic model of legal reasoning
  • Requires (besides legal knowledge) common sense knowledge, empathy, sense for social issues… and creativity
  • How can we support the judicialSome figures (September 2005)
  • 2005; 20% more cases (4x the # in 1980)
  • Huge growth of business related cases (+ 27% compared to 2003), e.g. electricity, telecom, health insurance.
  • 2006; 1 : 10 cases > 1 year
  • 2008; 1 : 4 cases > 1 year
  • Working pressure problems especially in lower courts:
  • mass processes
  • loss of quality, deterioration of feeling that justice is done
  • Case managementCasesMetaLex
  • www.MetaLex.eu
  • CEN standard for legal sources
  • Based upon open standards (e.g. W3C)
  • International cooperation
  • Local Chapters
  • Juriconnect
  • Norme in Rete
  • Akoma Ntoso
  • ….
  • Open standards and open solutions are a requirement
  • Create a free market, in which all vendors can participate
  • Avoid vendor lock-in
  • Example: MetaVex Editor; ScreenshotDocument StructureProject/ Document overviewInsertable elements / templatesMain editing areaXML metadata (attributes)Seal - MetaVex
  • Open infrastructure
  • Open standards
  • No vendor lock in !
  • Improved legal quality
  • Technical quality
  • Better accessible
  • More support
  • All levels of government
  • Adaptable to local differences
  • Argumentation structures in legal dossiersArgumentation support Wigmore1931Toulmin 1958Bart Verheij2004Reed, Prakken and WaltonUsual research focus
  • “Making sense of evidence” (Wigmore) has clear advantages such as:
  • Better insights in relationships between proof and hypotheses
  • Better insights in previously decided legal cases
  • Basis for legal theoretical research: what is the structure of the legal arguments and proof
  • Argument structures & strategyLetter of the lawyers to the employerFrom our research we conclude that
  • Visualisation of argument structures provides a good insight in the evolvement of cases.
  • Claims, supporting and counter arguments can be clearly distinguished.
  • Characteristic for legal argumentation:
  • Argument schemata
  • (Legal) Source types
  • Strategies
  • ASS that visualise argumentation structures could become useful as supporting device for lawyers
  • Artificial IntelligenceIs this the lawyers nightmare?ICT for the judicial
  • Document management
  • Search and retrieval
  • Case management
  • Deductive reasoning
  • Thus far many useful applications have been implemented
  • Argumentation Support
  • Need for a realistic model of legal reasoning
  • Requires (besides legal knowledge) common sense knowledge, empathy, sense for social issues… and creativity
  • Concluding remarksIt’s not just the technology that mattersImplementation should also include:
  • Organisational change
  • Process redesign
  • Education of the stakeholders involved
  • Advise: use recognizable scenarios and try to work from thereChallenges for the futureOWLExample from LKIF core ontologyLKIF core (www.Estrella-project.eu)
  • 15 modules
  • Basic
  • Mereology, place, time, spacetime, top
  • Core
  • Process, action, expression, role
  • Legal
  • Norm, legal-role, legal-action
  • Vocabulary
  • Modification, rules
  • Invitation
  • Join the CEN/Metalex community
  • Collaborate with us to extend the LKIF core ontology
  • Questions?vanEngers@uva.nlwww.LeibnizCenter.org
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