It could even cause headaches if contradictions in legal judgements are detected.
It all relies on the conversions to mathematical form being done correctly though which, given that some laws can be intentionally vague, may be impossible.
It could even cause headaches if contradictions in legal judgements are detected.
It all relies on the conversions to mathematical form being done correctly though which, given that some laws can be intentionally vague, may be impossible.
https://theconversation.com/csiro-wants-our-laws-turned-into...
https://research.csiro.au/bpli/our-research/reasoning/
https://people.csiro.au/G/G/Guido-Governatori
They are using https://en.wikipedia.org/wiki/Deontic_logic and https://en.wikipedia.org/wiki/Defeasible_logic describe laws in terms closest to how it's done in the legal community.
Can't find a link but they codified some parts of the Australian import duties laws that we went through in a workshop of theirs that I had a chance to attend.
The first argument is nonsensical (computers are great at changing data: in fact way faster and more accurate than humans, having the capacity for things like single source of truth, change logs, peer consensus, and dynamic versioning while preserving historic versions automatically... and also better at publishing it, analyzing it, and documenting it).
The second argument is an outright straw man fallacy. Who cares if some laws require interpretation. Just write MAY instead of WILL (like RFC language) to make it clear the judge can decide, then provide statistical information regarding past case law. Nobody is saying "fire all the judges", they're just saying make the law clear. Right now it's not clear, and it's a big problem.
Refugee? Read up to date law in your language, automatically. Business? Determine what is required by law in order to execute a transaction. Human? Determine what you are and are not allowed to do in some field (like architecture, driving, sailing, pet walking or rock collecting) without being fined.
But that is not how law works. A judge is generally expected to interpret the law because we cannot expect someone who wrote the law to have predicted all possible things, especially those that did not even exist when the law was written.
It's (often) not close to a machine-interpretable spec, but a to visual mockup, to stay in the software area.
For example, you may have a law to forbids euthanasia. Does it also extend to assisted suicide? What if the dying person can't physically trigger their own death? What if assisted dying is illegal here, but someone takes the patient to the neighboring country?
Also, I hardly believe "read up to date law in your language" is possible, there are entire legal concepts that do not exist in different jurisdictions, or literally the same expression may mean different things ("voir dire" for example).
It's good to attempt formalizing things, but I don't think this is a strawman.
I don't think it was meant in classical terms of an SQL UPDATE. It was meant in a way that a new rule may affect the application of an existing rule. Academically speaking, it makes reasoning non-monotonic. This is exactly why https://en.wikipedia.org/wiki/Defeasible_logic is proposed.
> The second argument is an outright straw man fallacy.
I think they are trying to codify the laws in logic _without_ changes to the law.
[Edit] The journalist also failed to read up on the basics of deontic logic and defeasible reasoning: "The law says cars must drive on the left in Australia. But what if they have to cross the road to avoid hitting a child?"
You cannot completely successfully codify something that is based on the vagaries of wishy-washy language, nor specific legal concepts like the intent of regulations or the context of prior judgements. Therefore, improve the language: don't give up!
Imagine if latitude and longitude weren't invented because "sorta over there a few days sail beyond the cape" was too hard to quantify. This is the same ridiculous argument. It just so happens that there are also a vast number of ingratiated rent seeking and powerful people and corporations interested in the status quo: literally all of them.
I believe that as engineers and as optimists within the greater human endeavour, over time in all fields we should seek to create means of trust and means of precision: in our measurements, in our communications, in our analyses, in our references and in our collaborations.
We don't need to fire all the judges. But maybe 90% of the solicitors and standard procedural lawyers, a large part of whose job is explaining to the average citizen what exactly is the done thing in some particular area or how exactly they can expect to be treated the hands of a system that cannot otherwise explain itself.
Also, in terms of community governance if it becomes crystal clear that a law is being abused through increased fidelity in the logging of police actions brought about by such a system, then the law can more rapidly be identified and repealed.
[1] https://www.gov.uk/government/publications/when-laws-become-...
I remember hearing an anecdote about researchers who tried to formally specify the benefits system of some European country, and they found that the system was slightly non-deterministic, in the sense that the outcome for the citizen would depend on which order various government departments processed the various forms that the citizen used to enrol into various programmes they were eligible for.
It makes me wonder if these mathematical formalisations should support some kind of fuzzing, to check that entities doing things in slightly different orders (or earning slightly more/less) don't produce dramatic changes in outcome.
I imagine it would be much easier to build a system to roughly estimate the odds of a lawsuit being successful, inputting salient features of the case and running the numbers, without deep reasoning about the particulars. I don't know if work is already being done on this but I wouldn't be surprised. A lot of money must ride on knowing which corporate law battles can be won.
But the outcome of high-stakes commercial litigation is much more complex than “win or lose.” Most cases settle, so the ones that result in published legal judgments which can be fed into a machine learning tool are an unrepresentative minority. Participating in this kind of litigation also costs millions and attracts public attention, leading to innumerable second-order effects (eg. public relations damage, law reform) that are hard to predict and may be more significant than whatever specific legal decision a judge makes. So being able to put a numerical probability on the legal opinion “we think the company has a good chance of winning this case” may not be that helpful.
Ultimately, I don't see law being automated. As others have pointed out, most cases that go to court are all about interpretation and establishment of the circumstances (did events X, Y and Z happen), interpretation of the law (does law F mean that event X was illegal, and is event Y a mitigator or irrelevant?) and, more elusively, impact (how serious was X?).
What this doesn't mean, though, is that there aren't tools that can't be used in the creation and management of law. If we have a simple dependency tree of documents and sources, we can trigger a review of downstream documents if a document is changed. We can statically check some aspects of the document, like a Legal IDE that would present itself more like an advanced spellcheck. Meta rules can ensure consistency, add in support for in-line reading (include a definition next to a paragraph even though it is defined elsewhere).
Probably the closes thing you'll get to an 'automated' system would be for the 'process' that is currently done by administrators to be partly or fully automated. When charges are brought, a court date is automatically booked. When a judgement is made, a court report is generated, prison alerted etc etc.
Basically, everything that people in tech think should be automated, shouldn't be, and all the things technology people think shouldn't exist should be automated.
I agree. Very interesting. Realistically, paperwork & bureaucracy is an ideal target for automation. That said, every input that you feed an algorithm is legally debateable... Structuring your inputs to be both legal and optimal is more storytelling than mathematics. There's enough play in these "subjective" parts that results could be anything.
Still, having a major algorithmic in the mix changes the game.
The fact is, that while PCs have been (a) on every desk and (b) paperwork efficiency machines for the last 30 years... the total number of legal/accounting/hr/admin jobs has increased in this period.
The effects of technology/efficiency on "clerical" work is not predictable in the way it is on factories.
I have no idea what would be in it for Common Law countries. Perhaps they'd be more driven towards using data mapping techniques to lay out networks of heterogeneous legal stuff (jurisprudence etc.).
The law will go from written natural language to executable computer programs (formal languages).
However a change of this mangnitude cannot happen quickly, (and might even be impossible to do peacefully).
Abusing the "software is eating the world" analogy, we ain't seen nothing yet. Software is just barely opening its mouth.
Even ignoring the subtleties of the real world that the ̶l̶a̶w̶ edit legal system must cope with, nuts-and-bolts legal concepts like mens rea can't be mapped to algebraic expressions.
[0] https://arstechnica.com/tech-policy/2020/06/indiana-supreme-...