Time: Thu Jul 03 17:13:51 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id RAA25985 for [address in tool bar]; Thu, 3 Jul 1997 17:06:37 -0700 (MST) by usr09.primenet.com (8.8.5/8.8.5) with SMTP id RAA23260; Thu, 3 Jul 1997 17:01:50 -0700 (MST) Date: Thu, 03 Jul 1997 17:00:05 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: judges & computers (fwd) the solution is to put powerful computers into the hands of people who understand the application of fundamental principles THAT is the solution and THAT is one of the goals of the Supreme Law School /s/ Paul Mitchell http://www.supremelaw.com At 04:49 PM 7/3/97 -0700, you wrote: > >-> SearchNet's SNETNEWS Mailing List > >When I visited Omaha and Lincoln, Nebraska ca. 1990 to investigate a case >which subsequently became "The Franklin Coverup" (title of book by >lawyer, John DeCamp from Nebraska) I noticed there were Computer Kiosks >in the Shopping Malls. They served as visitor guides re serves, maps etc. >I think we should have a plain language law code on Public Computer >Kiosks like this in all Ftr_Cities. >FWP. > >On Thu, 3 Jul 1997, Ricardo Guibourg wrote: > >> >> Claire Hill has made some interesting questions. >> In what respects might computers do a better job than judges? >> When we know exactly how to make a decision, no matter how much complicated it is, a computer can apply the criteria and find a solution in a faster, cheaper and transparent way. >> >> In what respects would they do a worse job? >> When we do not know exactly how to do what we can do, we depend on implicit, hidden, changing or unknown criteria. Computers would be lost in that jungle. >> >> How would we program the computers? >> We would have to find out our actual criteria and make them explicit. That is the difficult part of the work. The rest is only a complicated and specialized routine. >> >> How could they learn from "experience"? >> Please, do not let them do that for a while! The fact that computers need an explicit programming is an advantage. Legal reasoning is currently subject to pre-scientific practices, where anyone feels he/she may say anything on any grounds. We do not agree each other on the nature of law (rules, facts, values), on the method of legal practice, on the status of legal knowledge (science, art, mere ideology) or even on the political bias of legal discourse. All this mess is hidden by a traditional language which tends to present the personal interest as a clear and plain normative truth. If computers were so perfect to learn as human beings, they would be taught at the University through the old methods. And the result would be a race of cybernetic tyrants. The right way is to use this time (while we still have it) to make clearer our human reasoning, and then to teach the computers with our criteria. Of course, in the process those criteria would be compared with each other, their incompatibilities would show up and many, many decisions would have to be taken, often painfully. This is the very (scientific, philosophical and political) advantage of legal informatics: more than collaborate with human decisions, to oblige human beings to know and to assume their own decisions, in a public way. >> >> How are the considerations different in civil versus common law countries? >> I believe those considerations are different only if we expect the computers to act like human lawyers. The difference between civil law and common law is but on the surface of the method. In any case it is necessary to isolate some criteria (by interpretation of law or by induction from precedents) and to draw a practical way to apply them to future cases. This set of decisions and knowledge may be in the conscience of a jurist or, if it is clear enough, in the program of a computer. >> >> Ricardo A. Guibourg >> Professor of Law Philosophy >> University of Buenos Aires >> >> >> > >DISCUSSION GROUPS: Send one word, subscribe, in an email body to >Ftr_Cities-request@websightz.com and/or CONSTITUTION-request@websightz.com. >*************************************************************************** > >-> Send "subscribe snetnews " to majordomo@world.std.com >-> Posted by: Franklin Wayne Poley <fwpoley@vcn.bc.ca> > > > ======================================================================== Paul Andrew Mitchell : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.2 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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