Here’s the abstract for James Miller’s The Emergence of ‘Computer Science and Law’: The New Legal Paradigm for Law and Policy Practice in the Computational Age of Algorithmic Reasoning and Big Data Practice (2018):
Some thirty years ago “law and economics” emerged as a new paradigm of legal reasoning by providing new legal resolutions to a set a problems that were particularly suited to the application of economics in the legal process. Today algorithms and data, software-based systems, and technology solutions like blockchain both stress existing legal practice and offer new avenues for solving legal problems. This paper proposes that the rise of “computer science and law” as a new legal paradigm is emerging in ways that leverage and respond to the application and ability of computer science knowledge and reasoning to answer novel and venerable legal problems.
The paper’s analytic approach maps the boundaries of law and computer science in this new paradigm, against the stressors that necessitate new approaches with the value of technology solutions already revolutionizing other sectors. The paper answers questions such as what is persuasive or explanatory about law, what social function does it serve, and how is legal reasoning distinctive from philosophy, sociology, economics, and computer science? Following this analytic approach, the paper presents the current evolution of legal pedagogy, practice, and expectations and contributes to a deeper comparative understanding of how law can serve important social goals.
The paper begins with a definitional section. Descriptions from jurisprudence and legal theory provide a baseline of how philosophy and social sciences differentiate “law” from other disciplines, based on the nature of the reasoning, justifications, outcomes and knowledge that law entails. Leveraging what is distinctive about legal reasoning and knowledge, a historical review of computer and data science and artificial intelligence provides a view of the evolution of reasoning and knowledge is modeled using software to accomplish tasks relevant to law.
The paper explores how legal practice is evolving to challenges and opportunities posed by computational systems. The paper reviews the “legalhacker” movement that began as a software programming and policy advocacy effort and other “computation law” examples of innovations in law and policy practice, and focus on technology policy issues. A survey of new legal pedagogy focused on teaching data science, software programming and other technical skills reveals a roadmap of computer science skillsets and techniques that are a current focus for legal educators. Review and comparisons of the information technology response of “legaltech” with “fintech” IT innovations focused on finance or other sectors will reveal the relative trends and strengths observed in the space.
Finally, two analytic approaches are proposed for evaluating the strength of new technology tools and law and policy practice approaches. A set of key features identify metrics for evaluating automating legal reasoning systems ability to predict, explain, and defend legal decisions. A roadmap of technical skills and areas of focus for new law and policy practitioners provide a useful rubric for development of new practice groups, outsourcing and IT strategies, and legal training focused on “computer science and law” practice.
Whether the challenge of legal practice in administrative law with comment dockets numbering in the tens of millions, protecting fundamental legal principles in practices using complex software systems controlling the fate of defendants, or improving and expanding access to law and policy services, the paper describes the expanding role of computer science and law and a path forward for legal practitioners in the computational age.
Interesting. — Joe