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Presentation
The Meaning and the Mining of Legal Texts
The Computational Turn in the Humanities (2010)
  • Mireille Hildebrandt
Abstract
Positive law, inscribed in legal texts, entails an authority not inherent in literary texts, generating legal consequences that can have real effects on a person’s life and liberty. The interpretation of legal texts, necessarily a normative undertaking, resists the mechanical application of rules, though still requiring a measure of predictability, coherence with other relevant legal norms and compliance with constitutional safeguards. The present proliferation of legal texts on the internet (codes, statutes, judgments, treaties, doctrinal treatises) renders the selection of relevant texts and cases next to impossible. We may expect that systems to mine these texts to find arguments that support one’s case, as well as expert systems that support the decision-making process of courts, will end up doing much of the work. This raises the question of the difference between human interpretation and computational pattern-recognition and the issue of whether this difference makes a difference for the meaning of law. Possibly, data mining will produce patterns that disclose habits of the minds of judges and legislators that would have otherwise gone unnoticed (reinforcing the argument of the ‘legal realists’ at the beginning of the 20th century). Also, after the data analysis it will still be up to the judge to decide how to interpret the results or up to the prosecution which patterns to engage in the construction of evidence (requiring a hermeneutics of computational patterns instead of texts). My focus in this paper regards the fact that the mining process necessarily disambiguates the legal texts in order to transform them into a machine-readable data set, while the algorithms used for the analysis embody a strategy that will co-determine the outcome of the patterns. There seems a major due process concern here to the extent that these patterns are invisible for the naked human eye and will not be contestable in a court of law, due to their hidden complexity and computational nature. This position paper aims to explain what is at stake in the computational turn with regard to legal texts. This prepares for the question I want to put forward to those involved in distant reading and not-reading of texts: could a visualization of computational patterns constitute a new way of un-hiding the complexity involved, opening the results of computational ‘knowledge’ to citizens’ scrutiny?
Keywords
  • legal hermeneutics,
  • data mining,
  • computational paradigm,
  • machine learning
Disciplines
Publication Date
2010
Citation Information
Mireille Hildebrandt. "The Meaning and the Mining of Legal Texts" Presentation at The Computational Turn in the Humanities. Swansea University. March 2010. A further developed version has been published in: Berry, D. M. (ed.) (2011) Understanding Digital Humanities: The Computational Turn and New Technology. London: Palsgrave Macmillan, p. 145-160, available at http://link.springer.com/chapter/10.1057%2F9780230371934_8 Available at: http://works.bepress.com/mireille_hildebrandt/27