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LAW IN COMPUTERS AND COMPUTERS IN LAW - A LAWYER@S VIEW OF THE STATE OF THE ART

NCJ Number
5261
Journal
Arizona Law Review Volume: 14 Issue: 2 Dated: (1972) Pages: 267-311
Author(s)
W E BOYD
Date Published
1972
Length
44 pages
Annotation
APPLICATIONS OF COMPUTER TECHNOLOGY TO THE STUDY AND PRACTICE OF LAW.
Abstract
THE HIGH SPEED STORAGE AND RETRIEVAL OF INFORMATION IS ONE OF THE MOST FAMILIAR FUNCTIONS OF COMPUTERS. YET THERE ARE PROBLEMS ASSOCIATED WITH EVEN THIS RELATIVELY SIMPLE APPLICATION. LEGAL MATERIAL, LIKE OTHER KINDS OF INFORMATION, MUST BE TRANSLATED INTO A FORM USEABLE BY MACHINE, WITHOUT SACRIFICING ITS MEANING. THE AUTHOR REVIEWS SOME SOLUTIONS TO THIS PROBLEM, RANGING FROM INPUTTING THE ENTIRE DOCUMENT THROUGH THE IMPOSITION OF THE SYMBOLIC LOGIC CONSTRUCTION OF CONDITIONAL IF-THEN STATEMENTS AS A UNIFORM LANGUAGE FOR LEGAL MATERIAL. OTHER PROBLEMS ASSOCIATED WITH STORAGE AND RETRIEVAL ARE ASSIGNING SUFFICIENTLY DESCRIPTIVE KEY WORDS AS DESIGNATIONS FOR RETRIEVAL, AND MAKING FINE ENOUGH DISCRIMINATIONS IN INFORMATION REQUESTS TO ACHIEVE A MANAGEABLE BUT COMPREHENSIVE PRINTOUT. COMPUTERS CAN PERFORM STATISTICAL ANALYSES ON MANY TYPES OF MATERIAL. EMPIRICAL DATA, SUCH AS CENSUS INFORMATION OR CRIME INCIDENCE, CAN BE ANALYZED BY COMPUTER AND USED BY ATTORNEYS TO SUPPORT ARGUMENTS BEFORE A COURT. SUCH FACTORS AS A PARTICULAR JUDGE'S PREVIOUS DECISIONS AND PREVAILING SOCIAL CONDITIONS HAVE BEEN USED TO PREDICT CASE OUTCOMES WITH SOME SUCCESS. THE AUTHOR ALSO REPORTS ON EFFORTS BEING MADE TO SIMULATE THE ACTUAL TASK OF LAWYERING. THIS INVOLVES AN ANALYSIS OF THE PROCESS OF LEGAL REASONING, IDENTIFICATION OF THE VARIOUS DISCRIMINATIONS MADE BY LAWYERS, AND APPLICATION OF LEGAL PRINCIPLES TO A SPECIFIC SET OF FACTS. THE AUTHOR SUGGESTS THAT LAWYERS WOULD BE INTERESTED IN ENCOURAGING ARTIFICIAL INTELLIGENCE RESEARCH IN THE AREA OF RENDERING MACHINES CAPABLE OF ANALOGIZING - DISCERNING BASIC SIMILARITIES DESPITE APPARENT DIFFERENCES BY GENERALIZING FROM A PARTICULAR RULE OR FACT SITUATION.