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Bommarito Presentation for University of Houston Computational Law Conference

The document explores the relationship between law and computation, discussing how laws can be viewed in computational terms and vice versa. It offers definitions for both law and computation, articulating that law consists of rules affecting group interactions while computation involves systematic symbol manipulation. The author, Michael J. Bommarito II, acknowledges his non-legal background while examining interdisciplinary insights relevant to this ongoing dialogue in fields like artificial intelligence and philosophy.

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Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law ? Computation Michael J. Bommarito II michael.bommarito@gmail.com April 22, 2011 M.S.E. Financial Engineering, M.S. Political Science, University of Michigan. Currently a hedge fund quant ⇒ This is my own work and in no way represents my employer. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Hey stupid, your title is broken. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Hey stupid, your title is broken. Or is it? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Hey stupid, your title is broken. Or is it? Law ⊂ Computation Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Hey stupid, your title is broken. Or is it? Law ⊂ Computation Law ⊥ Computation Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Hey stupid, your title is broken. Or is it? Law ⊂ Computation Law ⊥ Computation Computation(Law) Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Hey stupid, your title is broken. Or is it? Law ⊂ Computation Law ⊥ Computation Computation(Law) Law + Computation Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Hey stupid, your title is broken. Or is it? Law ⊂ Computation Law ⊥ Computation Computation(Law) Law + Computation So let’s try this again. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law ? Computation The past, present, and future relationship Michael J. Bommarito II michael.bommarito@gmail.com April 22, 2011 Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Outline Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Definitions Hang on, what do you mean by law or computation anyway? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Definitions Hang on, what do you mean by law or computation anyway? Law What I mean: A set of rules designed to affect the action and especially interaction of members of a group. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Definitions Hang on, what do you mean by law or computation anyway? Law What I mean: A set of rules designed to affect the action and especially interaction of members of a group. Computation What I mean: Manipulating symbols and evaluating statements in a systematic and well-defined way. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Definitions Hang on, what do you mean by law or computation anyway? Law What I mean: A set of rules designed to affect the action and especially interaction of members of a group. Computation What I mean: Manipulating symbols and evaluating statements in a systematic and well-defined way. OK, let’s continue. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Wait, one more: an admission Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Wait, one more: an admission I am not a lawyer and have no formal legal education. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Wait, one more: an admission I am not a lawyer and have no formal legal education. I am certainly under-read in a number of the fields we will discuss. This is the curse of interdisciplinarity. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Wait, one more: an admission I am not a lawyer and have no formal legal education. I am certainly under-read in a number of the fields we will discuss. This is the curse of interdisciplinarity. Please do point out any references that are relevant to today’s talk that I’ve missed. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Wait, one more: an admission I am not a lawyer and have no formal legal education. I am certainly under-read in a number of the fields we will discuss. This is the curse of interdisciplinarity. Please do point out any references that are relevant to today’s talk that I’ve missed. OK, let’s actually get started. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Not a new idea. Those long chains of reasoning, simple and easy as they are, of which geometricians make use in order to arrive at the most difficult demonstrations, had caused me to imagine that all those things which fall under the cognizance of man might very likely be mutually related in the same fashion. Descartes. McCrae, The Unity of the Sciences: Bacon, Descartes, and Leibniz, 18 J. Hist. Ideas 27 (1957) Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Not a new idea. Descartes, along with Bacon and Leibniz, didn’t draw a strong distinction between law and natural science. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Not a new idea. Descartes, along with Bacon and Leibniz, didn’t draw a strong distinction between law and natural science. Leibniz Center for Law at the University of Amsterdam In particular, Leibniz viewed the recently rediscovered work of Roman jurists as equal to Greek geometricians. See Hoeflich, Law & Geometry: Legal Science from Leibniz to Langdell, Amer. J. Legal Hist., 30:2 (1986) for more. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Where do these come from? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Where do these come from? (bootstrapping...) Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Where do these come from? (bootstrapping...) Common law Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Where do these come from? (bootstrapping...) Common law Civil law Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Where do these come from? (bootstrapping...) Common law Civil law Divine law or law by decree Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Where do these come from? (bootstrapping...) Common law Civil law Divine law or law by decree What do they map to? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Where do these come from? (bootstrapping...) Common law Civil law Divine law or law by decree What do they map to? Legal/Illegal Boolean Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Where do these come from? (bootstrapping...) Common law Civil law Divine law or law by decree What do they map to? Legal/Illegal Boolean Transfer payment Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Where do these come from? (bootstrapping...) Common law Civil law Divine law or law by decree What do they map to? Legal/Illegal Boolean Transfer payment Action Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Where do these come from? (bootstrapping...) Common law Civil law Divine law or law by decree What do they map to? Legal/Illegal Boolean Transfer payment Action State an argument, which consists of a set of observed or hypothetical facts. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Where do these come from? (bootstrapping...) Common law Civil law Divine law or law by decree What do they map to? Legal/Illegal Boolean Transfer payment Action State an argument, which consists of a set of observed or hypothetical facts. Deduce the consequence of the argument. These consequences are either rulings or new, “derived” laws. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today A number of fields have taken up this mantle. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today A number of fields have taken up this mantle. Artificial Intelligence and Law (in their own words): the study of legal reasoning and argumentation, using computational methods Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today A number of fields have taken up this mantle. Artificial Intelligence and Law (in their own words): the study of legal reasoning and argumentation, using computational methods the formal representation of norms, normative actions, normative systems and norm-governed societies and multi-agent systems Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today A number of fields have taken up this mantle. Artificial Intelligence and Law (in their own words): the study of legal reasoning and argumentation, using computational methods the formal representation of norms, normative actions, normative systems and norm-governed societies and multi-agent systems the investigation of techniques from advanced information technology, using law as the illustrative domain applications of advanced information technology to support tasks in the legal domain Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today A number of fields have taken up this mantle. Artificial Intelligence and Law (in their own words): the study of legal reasoning and argumentation, using computational methods the formal representation of norms, normative actions, normative systems and norm-governed societies and multi-agent systems the investigation of techniques from advanced information technology, using law as the illustrative domain applications of advanced information technology to support tasks in the legal domain We’ll get to these last two later. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today A number of fields have taken up this mantle. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today A number of fields have taken up this mantle. Philosophy and Law (from the titled journal): Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today A number of fields have taken up this mantle. Philosophy and Law (from the titled journal): . . . a philosophical reflection on the law informed by a knowledge of the law Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today A number of fields have taken up this mantle. Philosophy and Law (from the titled journal): . . . a philosophical reflection on the law informed by a knowledge of the law . . . legal analysis informed by philosophical methods and principles Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today A number of fields have taken up this mantle. Philosophy and Law (from the titled journal): . . . a philosophical reflection on the law informed by a knowledge of the law . . . legal analysis informed by philosophical methods and principles But, to be honest, this isn’t my cup of tea. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today So there are two fields that continue to approach law as computation, either implicitly or explicitly. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today So there are two fields that continue to approach law as computation, either implicitly or explicitly. Artificial intelligence and law, where we think about how to represent and evaluate computation in a legal system. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today So there are two fields that continue to approach law as computation, either implicitly or explicitly. Artificial intelligence and law, where we think about how to represent and evaluate computation in a legal system. Philosophy and law, where we use logical computations to create or examine legal systems. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation tomorrow Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation tomorrow Structured, machine-readable laws Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation tomorrow Structured, machine-readable laws Validated, well-defined legal systems Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation tomorrow Structured, machine-readable laws Validated, well-defined legal systems Automated legal reasoning Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation tomorrow Structured, machine-readable laws Validated, well-defined legal systems Automated legal reasoning Flexible, goal-based generation of new laws or contracts (like automated theorem provers) Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation tomorrow Structured, machine-readable laws Validated, well-defined legal systems Automated legal reasoning Flexible, goal-based generation of new laws or contracts (like automated theorem provers) While many treat automated reasoning as the holy grail, I think the inverse or optimization problem will provide more benefit to society. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Examples of tomorrow, today - Hammurabi Hammurabi (Michael Poulshock) Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Examples of tomorrow, today - Hammurabi Around the world, there are millions of pages of law - constitutions, statutes, regulations, case law, and interpretive decisions - with which societies are expected to comply. This mass of material is logically complicated, referentially byzantine, terminologically inaccessible, difficult to contextualize, and sometimes vague and ambiguous. Aside from the ethical issues caused by this complexity, it is grossly inefficient as an information system. The capital required for an actor to understand a legal right or obligation is a wasted resource that creates drag on individual, corporate, and social progress. Though not often thought of this way, law is inherently computational. It is a set of algorithms that prescribe how various computations are to be carried out. What is my standard (tax) deduction? Am I eligible for family and medical leave? On what day did I become liable for unemployment taxes? Determinations such as these are like mathematical functions: given various inputs, they produce corresponding outputs. The Hammurabi Project provides a vehicle for representing portions of the law in an executable format, so that the process of logical inference can be offloaded from human to machine. Once executable, it can be embedded into our computing infrastructure where it can drive other applications. From the Hammurabi rationale. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Examples of tomorrow, today - Estrella Estrella Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Examples of tomorrow, today - MetaLex CEN MetaLex Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Summary Law should be viewed as computable in the mathematical sense or a machine in the Turing sense. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Summary Law should be viewed as computable in the mathematical sense or a machine in the Turing sense. Code is law (is code). Lessig. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Before we continue, we should acknowledge a reality. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Before we continue, we should acknowledge a reality. For the majority of lawyers in the real world, law is not computation. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Before we continue, we should acknowledge a reality. For the majority of lawyers in the real world, law is not computation. Law is ADR, where warm cookies at 5pm trump legal and economic theory. See Barry Goldman, The Psychology of Settlement. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Before we continue, we should acknowledge a reality. For the majority of lawyers in the real world, law is not computation. Law is ADR, where warm cookies at 5pm trump legal and economic theory. See Barry Goldman, The Psychology of Settlement. Law is the judge’s ideology. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Before we continue, we should acknowledge a reality. For the majority of lawyers in the real world, law is not computation. Law is ADR, where warm cookies at 5pm trump legal and economic theory. See Barry Goldman, The Psychology of Settlement. Law is the judge’s ideology. Law is the relative professionalism and sophistication of counsels. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Before we continue, we should acknowledge a reality. For the majority of lawyers in the real world, law is not computation. Law is ADR, where warm cookies at 5pm trump legal and economic theory. See Barry Goldman, The Psychology of Settlement. Law is the judge’s ideology. Law is the relative professionalism and sophistication of counsels. Law is a business. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Before we continue, we should acknowledge a reality. For the majority of lawyers in the real world, law is not computation. Law is ADR, where warm cookies at 5pm trump legal and economic theory. See Barry Goldman, The Psychology of Settlement. Law is the judge’s ideology. Law is the relative professionalism and sophistication of counsels. Law is a business. While computation may be involved in these processes, computation alone cannot explain observed outcomes. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation The “Law and . . . ” movements What happens when social science scholars try to explain these outcomes? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation The “Law and . . . ” movements What happens when social science scholars try to explain these outcomes? Law and economics Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation The “Law and . . . ” movements What happens when social science scholars try to explain these outcomes? Law and economics Law and anthropology Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation The “Law and . . . ” movements What happens when social science scholars try to explain these outcomes? Law and economics Law and anthropology Law and sociology Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation The “Law and . . . ” movements What happens when social science scholars try to explain these outcomes? Law and economics Law and anthropology Law and sociology Law and psychology Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation The “Law and . . . ” movements What happens when social science scholars try to explain these outcomes? Law and economics Law and anthropology Law and sociology Law and psychology Law and neuroscience Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation The “Law and . . . ” movements What happens when social science scholars try to explain these outcomes? Law and economics Law and anthropology Law and sociology Law and psychology Law and neuroscience Law and networks Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation The “Law and . . . ” movements What happens when social science scholars try to explain these outcomes? Law and economics Law and anthropology Law and sociology Law and psychology Law and neuroscience Law and networks Broadly, “empirical legal studies” Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation The “Law and . . . ” movements What happens when social science scholars try to explain these outcomes? Law and economics Law and anthropology Law and sociology Law and psychology Law and neuroscience Law and networks Broadly, “empirical legal studies” In general, these are the application of a mode of analysis to law. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation The “Law and . . . ” movements What happens when social science scholars try to explain these outcomes? Law and economics Law and anthropology Law and sociology Law and psychology Law and neuroscience Law and networks Broadly, “empirical legal studies” In general, these are the application of a mode of analysis to law.(somewhat loose usage of computation...) Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics What kind of questions can we ask and answer? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics What kind of questions can we ask and answer? How will a law affect the economic behavior or utility of an actor? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics What kind of questions can we ask and answer? How will a law affect the economic behavior or utility of an actor? How will a law affect the distribution of utility amongst actors? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics What kind of questions can we ask and answer? How will a law affect the economic behavior or utility of an actor? How will a law affect the distribution of utility amongst actors? And the inverse, Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics What kind of questions can we ask and answer? How will a law affect the economic behavior or utility of an actor? How will a law affect the distribution of utility amongst actors? And the inverse, Given a desired behavior, how can we effect this through law? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics What kind of questions can we ask and answer? How will a law affect the economic behavior or utility of an actor? How will a law affect the distribution of utility amongst actors? And the inverse, Given a desired behavior, how can we effect this through law? Given a desired allocation, how can we effect this through law? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics What kind of questions can we ask and answer? How will a law affect the economic behavior or utility of an actor? How will a law affect the distribution of utility amongst actors? And the inverse, Given a desired behavior, how can we effect this through law? Given a desired allocation, how can we effect this through law? These are questions about the design of economic rules and institutions. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics Some scholars also apply economics to specific legal contexts. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics Some scholars also apply economics to specific legal contexts. For example, why would a legal dispute go through a lengthy, expensive trial instead of a relatively cheap settlement? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics Some scholars also apply economics to specific legal contexts. For example, why would a legal dispute go through a lengthy, expensive trial instead of a relatively cheap settlement? 1 Close probability of success, i.e., near p ≈ 2 Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics Some scholars also apply economics to specific legal contexts. For example, why would a legal dispute go through a lengthy, expensive trial instead of a relatively cheap settlement? 1 Close probability of success, i.e., near p ≈ 2 High cost of discovery Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics Some scholars also apply economics to specific legal contexts. For example, why would a legal dispute go through a lengthy, expensive trial instead of a relatively cheap settlement? 1 Close probability of success, i.e., near p ≈ 2 High cost of discovery Significant amount of asymmetric information Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics Some scholars also apply economics to specific legal contexts. For example, why would a legal dispute go through a lengthy, expensive trial instead of a relatively cheap settlement? 1 Close probability of success, i.e., near p ≈ 2 High cost of discovery Significant amount of asymmetric information . . . or just an irrational actor. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics Some scholars also apply economics to specific legal contexts. For example, why would a legal dispute go through a lengthy, expensive trial instead of a relatively cheap settlement? 1 Close probability of success, i.e., near p ≈ 2 High cost of discovery Significant amount of asymmetric information . . . or just an irrational actor. For the seminal work and a good review, see Priest & Klein, The Selection of Disputes for Litigation and Daughety & Reinganum, Economic Theories of Settlement Bargaining. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Empirical Legal Studies Often referred to pejoratively as “law and regression.” Journal of Empirical Legal Studies Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Empirical Legal Studies Unlike other legal analyses, however, ELS tends to start from observed outcomes. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Empirical Legal Studies Unlike other legal analyses, however, ELS tends to start from observed outcomes. Held to some accountability w.r.t. data! Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Empirical Legal Studies Unlike other legal analyses, however, ELS tends to start from observed outcomes. Held to some accountability w.r.t. data! Higher likelihood of relevance and policy implication. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Empirical Legal Studies Unlike other legal analyses, however, ELS tends to start from observed outcomes. Held to some accountability w.r.t. data! Higher likelihood of relevance and policy implication. Researchers have a common language and knowledge of research design and methodology. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Empirical Legal Studies Unlike other legal analyses, however, ELS tends to start from observed outcomes. Held to some accountability w.r.t. data! Higher likelihood of relevance and policy implication. Researchers have a common language and knowledge of research design and methodology. It is easy to lie with statistics, but it is easier to lie without them. Fred Mosteller Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Criticism of “Law and . . . ” research Balkinization, Jan 16, 2008 Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Computation on Law tomorrow What are the possible payoffs of computation on law? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Computation on Law tomorrow What are the possible payoffs of computation on law? Less inconsistent sentencing, awards, or damages (close to today...) Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Computation on Law tomorrow What are the possible payoffs of computation on law? Less inconsistent sentencing, awards, or damages (close to today...) Better understanding of inefficiencies in legal systems Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Computation on Law tomorrow What are the possible payoffs of computation on law? Less inconsistent sentencing, awards, or damages (close to today...) Better understanding of inefficiencies in legal systems Better design of legal systems from economic or psychological perspectives Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Computation on Law tomorrow What are the possible payoffs of computation on law? Less inconsistent sentencing, awards, or damages (close to today...) Better understanding of inefficiencies in legal systems Better design of legal systems from economic or psychological perspectives Learning and classification for prediction of legal outcomes Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Computation on Law tomorrow What are the possible payoffs of computation on law? Less inconsistent sentencing, awards, or damages (close to today...) Better understanding of inefficiencies in legal systems Better design of legal systems from economic or psychological perspectives Learning and classification for prediction of legal outcomes Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Summary Law is a domain for the application of analysis that may or may not be motivated by legal principles. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Summary Law is a domain for the application of analysis that may or may not be motivated by legal principles. The results of these inquiries may or may not be useful to lawyers or legal professionals. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation What happens when we set out to use computation with law instead of on it? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation What happens when we set out to use computation with law instead of on it? Artificial Intelligence and Law (in their own words): Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation What happens when we set out to use computation with law instead of on it? Artificial Intelligence and Law (in their own words): the study of legal reasoning and argumentation, using computational methods the formal representation of norms, normative actions, normative systems and norm-governed societies and multi-agent systems the investigation of techniques from advanced information technology, using law as the illustrative domain Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation What happens when we set out to use computation with law instead of on it? Artificial Intelligence and Law (in their own words): the study of legal reasoning and argumentation, using computational methods the formal representation of norms, normative actions, normative systems and norm-governed societies and multi-agent systems the investigation of techniques from advanced information technology, using law as the illustrative domain applications of advanced information technology to support tasks in the legal domain Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation What happens when we set out to use computation with law instead of on it? Artificial Intelligence and Law (in their own words): the study of legal reasoning and argumentation, using computational methods the formal representation of norms, normative actions, normative systems and norm-governed societies and multi-agent systems the investigation of techniques from advanced information technology, using law as the illustrative domain applications of advanced information technology to support tasks in the legal domain Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation - a motivating example Let’s walk through a simple example to emphasize how easy this can be. Let’s use the following requirements: Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation - a motivating example Let’s walk through a simple example to emphasize how easy this can be. Let’s use the following requirements: Public domain data Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation - a motivating example Let’s walk through a simple example to emphasize how easy this can be. Let’s use the following requirements: Public domain data Open source, easily-licensed software Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation - a motivating example Let’s walk through a simple example to emphasize how easy this can be. Let’s use the following requirements: Public domain data Open source, easily-licensed software Useful Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation - a motivating example Let’s walk through a simple example to emphasize how easy this can be. Let’s use the following requirements: Public domain data Open source, easily-licensed software Useful Easily extended Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine Data: U.S. Code (LRC XHTML) Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine Data: U.S. Code (LRC XHTML) Software: Java, Apache Lucene, HTMLParser Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine Data: U.S. Code (LRC XHTML) Software: Java, Apache Lucene, HTMLParser Result: Working, fast search engine for the Code. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine Data: U.S. Code (LRC XHTML) Software: Java, Apache Lucene, HTMLParser Result: Working, fast search engine for the Code. $ wc -l src / main / java / org / mjb /* Code * 425 src / main / java / org / mjb / buildCodeIndex . java 86 src / main / java / org / mjb / searchCodeIndex . java 511 total Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine // Create document . Document doc = new Document (); doc . add ( new Field ( " documentid " , documentID , Field . Store . YES , Field . Index . NOT_ANALYZED )); doc . add ( new Field ( " usckey " , uscKey , Field . Store . YES , Field . Index . NOT_ANALYZED )); doc . add ( new Field ( " currentthrough " , currentThrough , Field . Store . YES , Field . Index . NOT_ANALYZED )); doc . add ( new Field ( " itempath " , itemPath , Field . Store . YES , Field . Index . ANALYZED )); doc . add ( new Field ( " head " , head , Field . Store . YES , Field . Index . ANALYZED , Field . TermVector . YES )); doc . add ( new Field ( " text " , text , Field . Store . NO , Field . Index . ANALYZED , Field . TermVector . YES )); // Write into index . indexWriter . addDocument ( doc ); Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Results $ mvn -q exec : java - Dexec . mainClass = " org . mjb . searchCodeIndex " - Dexec . args = " text swap " documentid :7 U . S . C . 6 s curr entthrough :20110107 score :2.2053032 itempath : Title 7 CHAPTER 1 > 6 s . Registration and regulation of swap dealers and major swap participants documentid :7 U . S . C . 6 r curr entthrough :20110107 score :2.0396917 itempath : Title 7 CHAPTER 1 > 6 r . Reporting and recordkeeping for uncleared swaps documentid :7 U . S . C . 7b -3 curr entthrough :20110107 score :1.7781076 itempath : Title 7 CHAPTER 1 > 7b 3 . Swap execution facilities ... Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions How about a web interface? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions How about a web interface?(Sorry LII, that Perl code is getting a little long in the tooth...) Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions How about a web interface?(Sorry LII, that Perl code is getting a little long in the tooth...) What if we plugged the Lucene index into a Solr Tomcat servlet? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions How about a web interface?(Sorry LII, that Perl code is getting a little long in the tooth...) What if we plugged the Lucene index into a Solr Tomcat servlet? http://localhost:8080/solrdev/browse?q=swap Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions OK, that’s cute enough for a presentation. But what about extending this into a more useful application? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions OK, that’s cute enough for a presentation. But what about extending this into a more useful application? Adaptive search weighting to “personalize” legal research Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions OK, that’s cute enough for a presentation. But what about extending this into a more useful application? Adaptive search weighting to “personalize” legal research Related document suggestion with Mahout Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions OK, that’s cute enough for a presentation. But what about extending this into a more useful application? Adaptive search weighting to “personalize” legal research Related document suggestion with Mahout Relational modeling with neo4j. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions OK, that’s cute enough for a presentation. But what about extending this into a more useful application? Adaptive search weighting to “personalize” legal research Related document suggestion with Mahout Relational modeling with neo4j. Including other source material, like the C.F.R., state and municipality codes, etc. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions OK, that’s cute enough for a presentation. But what about extending this into a more useful application? Adaptive search weighting to “personalize” legal research Related document suggestion with Mahout Relational modeling with neo4j. Including other source material, like the C.F.R., state and municipality codes, etc. Apply to internal document stores like contracts or evidence Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions OK, that’s cute enough for a presentation. But what about extending this into a more useful application? Adaptive search weighting to “personalize” legal research Related document suggestion with Mahout Relational modeling with neo4j. Including other source material, like the C.F.R., state and municipality codes, etc. Apply to internal document stores like contracts or evidence Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions But none of those are really creative. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions But none of those are really creative. What if we stored metadata about clients, case facts, and dispute outcomes along with search history? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions But none of those are really creative. What if we stored metadata about clients, case facts, and dispute outcomes along with search history? ... Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation tomorrow What are the possible payoffs of computation on law? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation tomorrow What are the possible payoffs of computation on law? Better access and management of legal material Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation tomorrow What are the possible payoffs of computation on law? Better access and management of legal material Learning and classification to aid legal research Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation tomorrow What are the possible payoffs of computation on law? Better access and management of legal material Learning and classification to aid legal research Learning and classification for prediction of legal outcomes Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Conclusion Thanks for listening! . . . and an even bigger thanks to Seth for organizing this. http://michaelbommarito.com Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation

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Bommarito Presentation for University of Houston Computational Law Conference

  • 1.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law ? Computation Michael J. Bommarito II michael.bommarito@gmail.com April 22, 2011 M.S.E. Financial Engineering, M.S. Political Science, University of Michigan. Currently a hedge fund quant ⇒ This is my own work and in no way represents my employer. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 2.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Hey stupid, your title is broken. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 3.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Hey stupid, your title is broken. Or is it? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 4.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Hey stupid, your title is broken. Or is it? Law ⊂ Computation Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
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    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Hey stupid, your title is broken. Or is it? Law ⊂ Computation Law ⊥ Computation Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
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    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Hey stupid, your title is broken. Or is it? Law ⊂ Computation Law ⊥ Computation Computation(Law) Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 7.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Hey stupid, your title is broken. Or is it? Law ⊂ Computation Law ⊥ Computation Computation(Law) Law + Computation Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 8.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Hey stupid, your title is broken. Or is it? Law ⊂ Computation Law ⊥ Computation Computation(Law) Law + Computation So let’s try this again. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 9.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law ? Computation The past, present, and future relationship Michael J. Bommarito II michael.bommarito@gmail.com April 22, 2011 Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
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    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Outline Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
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    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Definitions Hang on, what do you mean by law or computation anyway? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
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    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Definitions Hang on, what do you mean by law or computation anyway? Law What I mean: A set of rules designed to affect the action and especially interaction of members of a group. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
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    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Definitions Hang on, what do you mean by law or computation anyway? Law What I mean: A set of rules designed to affect the action and especially interaction of members of a group. Computation What I mean: Manipulating symbols and evaluating statements in a systematic and well-defined way. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 14.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Definitions Hang on, what do you mean by law or computation anyway? Law What I mean: A set of rules designed to affect the action and especially interaction of members of a group. Computation What I mean: Manipulating symbols and evaluating statements in a systematic and well-defined way. OK, let’s continue. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
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    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Wait, one more: an admission Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 16.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Wait, one more: an admission I am not a lawyer and have no formal legal education. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
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    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Wait, one more: an admission I am not a lawyer and have no formal legal education. I am certainly under-read in a number of the fields we will discuss. This is the curse of interdisciplinarity. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 18.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Wait, one more: an admission I am not a lawyer and have no formal legal education. I am certainly under-read in a number of the fields we will discuss. This is the curse of interdisciplinarity. Please do point out any references that are relevant to today’s talk that I’ve missed. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 19.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Wait, one more: an admission I am not a lawyer and have no formal legal education. I am certainly under-read in a number of the fields we will discuss. This is the curse of interdisciplinarity. Please do point out any references that are relevant to today’s talk that I’ve missed. OK, let’s actually get started. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 20.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Not a new idea. Those long chains of reasoning, simple and easy as they are, of which geometricians make use in order to arrive at the most difficult demonstrations, had caused me to imagine that all those things which fall under the cognizance of man might very likely be mutually related in the same fashion. Descartes. McCrae, The Unity of the Sciences: Bacon, Descartes, and Leibniz, 18 J. Hist. Ideas 27 (1957) Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 21.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Not a new idea. Descartes, along with Bacon and Leibniz, didn’t draw a strong distinction between law and natural science. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 22.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Not a new idea. Descartes, along with Bacon and Leibniz, didn’t draw a strong distinction between law and natural science. Leibniz Center for Law at the University of Amsterdam In particular, Leibniz viewed the recently rediscovered work of Roman jurists as equal to Greek geometricians. See Hoeflich, Law & Geometry: Legal Science from Leibniz to Langdell, Amer. J. Legal Hist., 30:2 (1986) for more. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
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    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
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    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 25.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Where do these come from? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 26.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Where do these come from? (bootstrapping...) Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 27.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Where do these come from? (bootstrapping...) Common law Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 28.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Where do these come from? (bootstrapping...) Common law Civil law Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 29.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Where do these come from? (bootstrapping...) Common law Civil law Divine law or law by decree Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 30.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Where do these come from? (bootstrapping...) Common law Civil law Divine law or law by decree What do they map to? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 31.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Where do these come from? (bootstrapping...) Common law Civil law Divine law or law by decree What do they map to? Legal/Illegal Boolean Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 32.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Where do these come from? (bootstrapping...) Common law Civil law Divine law or law by decree What do they map to? Legal/Illegal Boolean Transfer payment Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 33.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Where do these come from? (bootstrapping...) Common law Civil law Divine law or law by decree What do they map to? Legal/Illegal Boolean Transfer payment Action Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 34.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Where do these come from? (bootstrapping...) Common law Civil law Divine law or law by decree What do they map to? Legal/Illegal Boolean Transfer payment Action State an argument, which consists of a set of observed or hypothetical facts. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 35.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as Computation Here’s a simple example of law as computation: Define a set of legal axioms or premises - a legal system. Where do these come from? (bootstrapping...) Common law Civil law Divine law or law by decree What do they map to? Legal/Illegal Boolean Transfer payment Action State an argument, which consists of a set of observed or hypothetical facts. Deduce the consequence of the argument. These consequences are either rulings or new, “derived” laws. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
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    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today A number of fields have taken up this mantle. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 37.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today A number of fields have taken up this mantle. Artificial Intelligence and Law (in their own words): the study of legal reasoning and argumentation, using computational methods Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 38.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today A number of fields have taken up this mantle. Artificial Intelligence and Law (in their own words): the study of legal reasoning and argumentation, using computational methods the formal representation of norms, normative actions, normative systems and norm-governed societies and multi-agent systems Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 39.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today A number of fields have taken up this mantle. Artificial Intelligence and Law (in their own words): the study of legal reasoning and argumentation, using computational methods the formal representation of norms, normative actions, normative systems and norm-governed societies and multi-agent systems the investigation of techniques from advanced information technology, using law as the illustrative domain applications of advanced information technology to support tasks in the legal domain Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 40.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today A number of fields have taken up this mantle. Artificial Intelligence and Law (in their own words): the study of legal reasoning and argumentation, using computational methods the formal representation of norms, normative actions, normative systems and norm-governed societies and multi-agent systems the investigation of techniques from advanced information technology, using law as the illustrative domain applications of advanced information technology to support tasks in the legal domain We’ll get to these last two later. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 41.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today A number of fields have taken up this mantle. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 42.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today A number of fields have taken up this mantle. Philosophy and Law (from the titled journal): Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 43.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today A number of fields have taken up this mantle. Philosophy and Law (from the titled journal): . . . a philosophical reflection on the law informed by a knowledge of the law Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 44.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today A number of fields have taken up this mantle. Philosophy and Law (from the titled journal): . . . a philosophical reflection on the law informed by a knowledge of the law . . . legal analysis informed by philosophical methods and principles Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 45.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today A number of fields have taken up this mantle. Philosophy and Law (from the titled journal): . . . a philosophical reflection on the law informed by a knowledge of the law . . . legal analysis informed by philosophical methods and principles But, to be honest, this isn’t my cup of tea. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 46.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today So there are two fields that continue to approach law as computation, either implicitly or explicitly. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 47.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today So there are two fields that continue to approach law as computation, either implicitly or explicitly. Artificial intelligence and law, where we think about how to represent and evaluate computation in a legal system. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 48.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation today So there are two fields that continue to approach law as computation, either implicitly or explicitly. Artificial intelligence and law, where we think about how to represent and evaluate computation in a legal system. Philosophy and law, where we use logical computations to create or examine legal systems. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 49.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation tomorrow Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 50.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation tomorrow Structured, machine-readable laws Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 51.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation tomorrow Structured, machine-readable laws Validated, well-defined legal systems Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 52.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation tomorrow Structured, machine-readable laws Validated, well-defined legal systems Automated legal reasoning Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 53.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation tomorrow Structured, machine-readable laws Validated, well-defined legal systems Automated legal reasoning Flexible, goal-based generation of new laws or contracts (like automated theorem provers) Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 54.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law as computation tomorrow Structured, machine-readable laws Validated, well-defined legal systems Automated legal reasoning Flexible, goal-based generation of new laws or contracts (like automated theorem provers) While many treat automated reasoning as the holy grail, I think the inverse or optimization problem will provide more benefit to society. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
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    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Examples of tomorrow, today - Hammurabi Hammurabi (Michael Poulshock) Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 56.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Examples of tomorrow, today - Hammurabi Around the world, there are millions of pages of law - constitutions, statutes, regulations, case law, and interpretive decisions - with which societies are expected to comply. This mass of material is logically complicated, referentially byzantine, terminologically inaccessible, difficult to contextualize, and sometimes vague and ambiguous. Aside from the ethical issues caused by this complexity, it is grossly inefficient as an information system. The capital required for an actor to understand a legal right or obligation is a wasted resource that creates drag on individual, corporate, and social progress. Though not often thought of this way, law is inherently computational. It is a set of algorithms that prescribe how various computations are to be carried out. What is my standard (tax) deduction? Am I eligible for family and medical leave? On what day did I become liable for unemployment taxes? Determinations such as these are like mathematical functions: given various inputs, they produce corresponding outputs. The Hammurabi Project provides a vehicle for representing portions of the law in an executable format, so that the process of logical inference can be offloaded from human to machine. Once executable, it can be embedded into our computing infrastructure where it can drive other applications. From the Hammurabi rationale. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
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    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Examples of tomorrow, today - Estrella Estrella Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
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    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Examples of tomorrow, today - MetaLex CEN MetaLex Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 59.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Summary Law should be viewed as computable in the mathematical sense or a machine in the Turing sense. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 60.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Summary Law should be viewed as computable in the mathematical sense or a machine in the Turing sense. Code is law (is code). Lessig. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 61.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Before we continue, we should acknowledge a reality. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 62.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Before we continue, we should acknowledge a reality. For the majority of lawyers in the real world, law is not computation. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 63.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Before we continue, we should acknowledge a reality. For the majority of lawyers in the real world, law is not computation. Law is ADR, where warm cookies at 5pm trump legal and economic theory. See Barry Goldman, The Psychology of Settlement. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 64.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Before we continue, we should acknowledge a reality. For the majority of lawyers in the real world, law is not computation. Law is ADR, where warm cookies at 5pm trump legal and economic theory. See Barry Goldman, The Psychology of Settlement. Law is the judge’s ideology. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 65.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Before we continue, we should acknowledge a reality. For the majority of lawyers in the real world, law is not computation. Law is ADR, where warm cookies at 5pm trump legal and economic theory. See Barry Goldman, The Psychology of Settlement. Law is the judge’s ideology. Law is the relative professionalism and sophistication of counsels. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 66.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Before we continue, we should acknowledge a reality. For the majority of lawyers in the real world, law is not computation. Law is ADR, where warm cookies at 5pm trump legal and economic theory. See Barry Goldman, The Psychology of Settlement. Law is the judge’s ideology. Law is the relative professionalism and sophistication of counsels. Law is a business. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 67.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Before we continue, we should acknowledge a reality. For the majority of lawyers in the real world, law is not computation. Law is ADR, where warm cookies at 5pm trump legal and economic theory. See Barry Goldman, The Psychology of Settlement. Law is the judge’s ideology. Law is the relative professionalism and sophistication of counsels. Law is a business. While computation may be involved in these processes, computation alone cannot explain observed outcomes. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 68.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation The “Law and . . . ” movements What happens when social science scholars try to explain these outcomes? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 69.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation The “Law and . . . ” movements What happens when social science scholars try to explain these outcomes? Law and economics Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 70.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation The “Law and . . . ” movements What happens when social science scholars try to explain these outcomes? Law and economics Law and anthropology Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 71.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation The “Law and . . . ” movements What happens when social science scholars try to explain these outcomes? Law and economics Law and anthropology Law and sociology Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 72.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation The “Law and . . . ” movements What happens when social science scholars try to explain these outcomes? Law and economics Law and anthropology Law and sociology Law and psychology Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 73.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation The “Law and . . . ” movements What happens when social science scholars try to explain these outcomes? Law and economics Law and anthropology Law and sociology Law and psychology Law and neuroscience Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 74.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation The “Law and . . . ” movements What happens when social science scholars try to explain these outcomes? Law and economics Law and anthropology Law and sociology Law and psychology Law and neuroscience Law and networks Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 75.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation The “Law and . . . ” movements What happens when social science scholars try to explain these outcomes? Law and economics Law and anthropology Law and sociology Law and psychology Law and neuroscience Law and networks Broadly, “empirical legal studies” Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 76.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation The “Law and . . . ” movements What happens when social science scholars try to explain these outcomes? Law and economics Law and anthropology Law and sociology Law and psychology Law and neuroscience Law and networks Broadly, “empirical legal studies” In general, these are the application of a mode of analysis to law. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 77.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation The “Law and . . . ” movements What happens when social science scholars try to explain these outcomes? Law and economics Law and anthropology Law and sociology Law and psychology Law and neuroscience Law and networks Broadly, “empirical legal studies” In general, these are the application of a mode of analysis to law.(somewhat loose usage of computation...) Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 78.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics What kind of questions can we ask and answer? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 79.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics What kind of questions can we ask and answer? How will a law affect the economic behavior or utility of an actor? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 80.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics What kind of questions can we ask and answer? How will a law affect the economic behavior or utility of an actor? How will a law affect the distribution of utility amongst actors? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 81.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics What kind of questions can we ask and answer? How will a law affect the economic behavior or utility of an actor? How will a law affect the distribution of utility amongst actors? And the inverse, Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 82.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics What kind of questions can we ask and answer? How will a law affect the economic behavior or utility of an actor? How will a law affect the distribution of utility amongst actors? And the inverse, Given a desired behavior, how can we effect this through law? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 83.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics What kind of questions can we ask and answer? How will a law affect the economic behavior or utility of an actor? How will a law affect the distribution of utility amongst actors? And the inverse, Given a desired behavior, how can we effect this through law? Given a desired allocation, how can we effect this through law? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 84.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics What kind of questions can we ask and answer? How will a law affect the economic behavior or utility of an actor? How will a law affect the distribution of utility amongst actors? And the inverse, Given a desired behavior, how can we effect this through law? Given a desired allocation, how can we effect this through law? These are questions about the design of economic rules and institutions. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 85.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics Some scholars also apply economics to specific legal contexts. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 86.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics Some scholars also apply economics to specific legal contexts. For example, why would a legal dispute go through a lengthy, expensive trial instead of a relatively cheap settlement? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 87.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics Some scholars also apply economics to specific legal contexts. For example, why would a legal dispute go through a lengthy, expensive trial instead of a relatively cheap settlement? 1 Close probability of success, i.e., near p ≈ 2 Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 88.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics Some scholars also apply economics to specific legal contexts. For example, why would a legal dispute go through a lengthy, expensive trial instead of a relatively cheap settlement? 1 Close probability of success, i.e., near p ≈ 2 High cost of discovery Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 89.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics Some scholars also apply economics to specific legal contexts. For example, why would a legal dispute go through a lengthy, expensive trial instead of a relatively cheap settlement? 1 Close probability of success, i.e., near p ≈ 2 High cost of discovery Significant amount of asymmetric information Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 90.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics Some scholars also apply economics to specific legal contexts. For example, why would a legal dispute go through a lengthy, expensive trial instead of a relatively cheap settlement? 1 Close probability of success, i.e., near p ≈ 2 High cost of discovery Significant amount of asymmetric information . . . or just an irrational actor. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 91.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and economics Some scholars also apply economics to specific legal contexts. For example, why would a legal dispute go through a lengthy, expensive trial instead of a relatively cheap settlement? 1 Close probability of success, i.e., near p ≈ 2 High cost of discovery Significant amount of asymmetric information . . . or just an irrational actor. For the seminal work and a good review, see Priest & Klein, The Selection of Disputes for Litigation and Daughety & Reinganum, Economic Theories of Settlement Bargaining. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 92.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Empirical Legal Studies Often referred to pejoratively as “law and regression.” Journal of Empirical Legal Studies Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 93.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Empirical Legal Studies Unlike other legal analyses, however, ELS tends to start from observed outcomes. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 94.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Empirical Legal Studies Unlike other legal analyses, however, ELS tends to start from observed outcomes. Held to some accountability w.r.t. data! Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 95.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Empirical Legal Studies Unlike other legal analyses, however, ELS tends to start from observed outcomes. Held to some accountability w.r.t. data! Higher likelihood of relevance and policy implication. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 96.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Empirical Legal Studies Unlike other legal analyses, however, ELS tends to start from observed outcomes. Held to some accountability w.r.t. data! Higher likelihood of relevance and policy implication. Researchers have a common language and knowledge of research design and methodology. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 97.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Empirical Legal Studies Unlike other legal analyses, however, ELS tends to start from observed outcomes. Held to some accountability w.r.t. data! Higher likelihood of relevance and policy implication. Researchers have a common language and knowledge of research design and methodology. It is easy to lie with statistics, but it is easier to lie without them. Fred Mosteller Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 98.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Criticism of “Law and . . . ” research Balkinization, Jan 16, 2008 Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 99.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Computation on Law tomorrow What are the possible payoffs of computation on law? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 100.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Computation on Law tomorrow What are the possible payoffs of computation on law? Less inconsistent sentencing, awards, or damages (close to today...) Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 101.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Computation on Law tomorrow What are the possible payoffs of computation on law? Less inconsistent sentencing, awards, or damages (close to today...) Better understanding of inefficiencies in legal systems Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 102.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Computation on Law tomorrow What are the possible payoffs of computation on law? Less inconsistent sentencing, awards, or damages (close to today...) Better understanding of inefficiencies in legal systems Better design of legal systems from economic or psychological perspectives Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 103.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Computation on Law tomorrow What are the possible payoffs of computation on law? Less inconsistent sentencing, awards, or damages (close to today...) Better understanding of inefficiencies in legal systems Better design of legal systems from economic or psychological perspectives Learning and classification for prediction of legal outcomes Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 104.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Computation on Law tomorrow What are the possible payoffs of computation on law? Less inconsistent sentencing, awards, or damages (close to today...) Better understanding of inefficiencies in legal systems Better design of legal systems from economic or psychological perspectives Learning and classification for prediction of legal outcomes Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 105.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Summary Law is a domain for the application of analysis that may or may not be motivated by legal principles. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 106.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Summary Law is a domain for the application of analysis that may or may not be motivated by legal principles. The results of these inquiries may or may not be useful to lawyers or legal professionals. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 107.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation What happens when we set out to use computation with law instead of on it? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 108.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation What happens when we set out to use computation with law instead of on it? Artificial Intelligence and Law (in their own words): Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 109.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation What happens when we set out to use computation with law instead of on it? Artificial Intelligence and Law (in their own words): the study of legal reasoning and argumentation, using computational methods the formal representation of norms, normative actions, normative systems and norm-governed societies and multi-agent systems the investigation of techniques from advanced information technology, using law as the illustrative domain Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 110.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation What happens when we set out to use computation with law instead of on it? Artificial Intelligence and Law (in their own words): the study of legal reasoning and argumentation, using computational methods the formal representation of norms, normative actions, normative systems and norm-governed societies and multi-agent systems the investigation of techniques from advanced information technology, using law as the illustrative domain applications of advanced information technology to support tasks in the legal domain Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 111.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation What happens when we set out to use computation with law instead of on it? Artificial Intelligence and Law (in their own words): the study of legal reasoning and argumentation, using computational methods the formal representation of norms, normative actions, normative systems and norm-governed societies and multi-agent systems the investigation of techniques from advanced information technology, using law as the illustrative domain applications of advanced information technology to support tasks in the legal domain Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 112.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation - a motivating example Let’s walk through a simple example to emphasize how easy this can be. Let’s use the following requirements: Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 113.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation - a motivating example Let’s walk through a simple example to emphasize how easy this can be. Let’s use the following requirements: Public domain data Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 114.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation - a motivating example Let’s walk through a simple example to emphasize how easy this can be. Let’s use the following requirements: Public domain data Open source, easily-licensed software Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 115.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation - a motivating example Let’s walk through a simple example to emphasize how easy this can be. Let’s use the following requirements: Public domain data Open source, easily-licensed software Useful Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 116.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation - a motivating example Let’s walk through a simple example to emphasize how easy this can be. Let’s use the following requirements: Public domain data Open source, easily-licensed software Useful Easily extended Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 117.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine Data: U.S. Code (LRC XHTML) Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 118.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine Data: U.S. Code (LRC XHTML) Software: Java, Apache Lucene, HTMLParser Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 119.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine Data: U.S. Code (LRC XHTML) Software: Java, Apache Lucene, HTMLParser Result: Working, fast search engine for the Code. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 120.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine Data: U.S. Code (LRC XHTML) Software: Java, Apache Lucene, HTMLParser Result: Working, fast search engine for the Code. $ wc -l src / main / java / org / mjb /* Code * 425 src / main / java / org / mjb / buildCodeIndex . java 86 src / main / java / org / mjb / searchCodeIndex . java 511 total Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 121.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine // Create document . Document doc = new Document (); doc . add ( new Field ( " documentid " , documentID , Field . Store . YES , Field . Index . NOT_ANALYZED )); doc . add ( new Field ( " usckey " , uscKey , Field . Store . YES , Field . Index . NOT_ANALYZED )); doc . add ( new Field ( " currentthrough " , currentThrough , Field . Store . YES , Field . Index . NOT_ANALYZED )); doc . add ( new Field ( " itempath " , itemPath , Field . Store . YES , Field . Index . ANALYZED )); doc . add ( new Field ( " head " , head , Field . Store . YES , Field . Index . ANALYZED , Field . TermVector . YES )); doc . add ( new Field ( " text " , text , Field . Store . NO , Field . Index . ANALYZED , Field . TermVector . YES )); // Write into index . indexWriter . addDocument ( doc ); Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 122.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Results $ mvn -q exec : java - Dexec . mainClass = " org . mjb . searchCodeIndex " - Dexec . args = " text swap " documentid :7 U . S . C . 6 s curr entthrough :20110107 score :2.2053032 itempath : Title 7 CHAPTER 1 > 6 s . Registration and regulation of swap dealers and major swap participants documentid :7 U . S . C . 6 r curr entthrough :20110107 score :2.0396917 itempath : Title 7 CHAPTER 1 > 6 r . Reporting and recordkeeping for uncleared swaps documentid :7 U . S . C . 7b -3 curr entthrough :20110107 score :1.7781076 itempath : Title 7 CHAPTER 1 > 7b 3 . Swap execution facilities ... Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 123.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions How about a web interface? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 124.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions How about a web interface?(Sorry LII, that Perl code is getting a little long in the tooth...) Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 125.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions How about a web interface?(Sorry LII, that Perl code is getting a little long in the tooth...) What if we plugged the Lucene index into a Solr Tomcat servlet? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 126.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions How about a web interface?(Sorry LII, that Perl code is getting a little long in the tooth...) What if we plugged the Lucene index into a Solr Tomcat servlet? http://localhost:8080/solrdev/browse?q=swap Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 127.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions OK, that’s cute enough for a presentation. But what about extending this into a more useful application? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 128.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions OK, that’s cute enough for a presentation. But what about extending this into a more useful application? Adaptive search weighting to “personalize” legal research Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 129.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions OK, that’s cute enough for a presentation. But what about extending this into a more useful application? Adaptive search weighting to “personalize” legal research Related document suggestion with Mahout Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 130.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions OK, that’s cute enough for a presentation. But what about extending this into a more useful application? Adaptive search weighting to “personalize” legal research Related document suggestion with Mahout Relational modeling with neo4j. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 131.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions OK, that’s cute enough for a presentation. But what about extending this into a more useful application? Adaptive search weighting to “personalize” legal research Related document suggestion with Mahout Relational modeling with neo4j. Including other source material, like the C.F.R., state and municipality codes, etc. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 132.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions OK, that’s cute enough for a presentation. But what about extending this into a more useful application? Adaptive search weighting to “personalize” legal research Related document suggestion with Mahout Relational modeling with neo4j. Including other source material, like the C.F.R., state and municipality codes, etc. Apply to internal document stores like contracts or evidence Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 133.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions OK, that’s cute enough for a presentation. But what about extending this into a more useful application? Adaptive search weighting to “personalize” legal research Related document suggestion with Mahout Relational modeling with neo4j. Including other source material, like the C.F.R., state and municipality codes, etc. Apply to internal document stores like contracts or evidence Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 134.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions But none of those are really creative. Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 135.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions But none of those are really creative. What if we stored metadata about clients, case facts, and dispute outcomes along with search history? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 136.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Building a better legal search engine - extensions But none of those are really creative. What if we stored metadata about clients, case facts, and dispute outcomes along with search history? ... Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 137.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation tomorrow What are the possible payoffs of computation on law? Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 138.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation tomorrow What are the possible payoffs of computation on law? Better access and management of legal material Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 139.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation tomorrow What are the possible payoffs of computation on law? Better access and management of legal material Learning and classification to aid legal research Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 140.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Law and computation tomorrow What are the possible payoffs of computation on law? Better access and management of legal material Learning and classification to aid legal research Learning and classification for prediction of legal outcomes Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation
  • 141.
    Introduction Law as Computation Law is not Computation Computation on Law Law and Computation Conclusion Thanks for listening! . . . and an even bigger thanks to Seth for organizing this. http://michaelbommarito.com Michael J. Bommarito II michael.bommarito@gmail.com Law ? Computation