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Words or code first? Is the legacy document or a code statement the better starting point for complexity-reducing

Oliver R Goodenough1,2,3, Preston J Carlson4

  • 1Vermont Law and Graduate School, South Royalton, VT, USA.

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|February 25, 2024
PubMed
Summary

Computational Law can improve legal system management by converting rules into computable formats. A code-native approach, rather than direct translation, offers significant advantages for expressing legal complexity.

Keywords:
computable contractscomputational lawinsurance automationlegal complexity

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Area of Science:

  • Computational Law
  • Complexity Science
  • Legal Informatics

Background:

  • Law is essential for managing social interactions.
  • Computational Law offers potential for enhanced legal complexity management.
  • Restating legal rules in computable forms yields advantages.

Purpose of the Study:

  • To explore automation approaches in Computational Law.
  • To advocate for a code-native approach over direct natural language translation.
  • To demonstrate the benefits of a code-native approach using a simplified insurance policy.

Main Methods:

  • Analysis of automation strategies in Computational Law.
  • Development of a code-native software approach reflecting underlying legal structures.
  • Case study application to a simplified insurance policy.

Main Results:

  • A code-native approach offers significant advantages for Computational Law.
  • Direct translation from natural language to code is less effective.
  • Large language models can assist but not replace code-native utilities.

Conclusions:

  • A code-native methodology is superior for managing legal complexity computationally.
  • Future work in Computational Law should prioritize code-native solutions.
  • This approach enhances the expression and management of legal rules.