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Legal Engineering A Design Perspective on the Law

Legal Engineering A Design Perspective on the Law. Prof. dr. Tom M. van Engers t.m.van.engers@acm.org. Who am I…. In labour organizations, people solve problems, take decisions, learn, develop plans, have opinions etc. In all those processes knowledge is required.

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Legal Engineering A Design Perspective on the Law

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  1. Legal EngineeringA Design Perspective on the Law Prof. dr. Tom M. van Engers t.m.van.engers@acm.org

  2. Who am I…. In labour organizations, people solve problems, take decisions, learn, develop plans, have opinions etc. In all those processes knowledge is required. Knowledge Management aims at optimizing knowledge productivity.

  3. Topics • Normative systems • The POWER-approach • POWER support • Support for policy making • Support for operations • POWER and eGovernment

  4. Characteristics of the judicial Based upon a democratic process Aims at regulating society Results in regulations, legislation etc.

  5. Characteristics of the judicial Legislation is the outcome of a group-dynamic process Contain norms that tell us what is obligated, prohibited or permitted Norms reflect underlying preferences

  6. Legal engineering Legal sources (e.g. the law) can be seen as a specifications of a normative systems … but they are under-specified and suffer from anomalies: inconsistencies, circularities, open evaluative terms and vagueness.

  7. Formalize Legal engineering and democracy Transparency is a key element in democracy. Publishing the law and court decisions is not enough. Citizens and parliamentarians require insight in the juridical interpretations and the governments’ policy.

  8. Legal engineering Design perspective on the judicial

  9. Design; many stakeholders and processes • Legislation drafters • Politicians • Designers and implementers • Civil servants • Citizens and businesses • Judges and lawyers • …

  10. Aims of public administrations • Reduction of time-to-market • Improvement of legal quality • Improvement of law enforcement • Administrative costs • Accountability • Client friendliness and operational efficiency • Chain control

  11. POWER Develop a method for the translation from rules and regulations into formal descriptions that a computer can reason with

  12. Description in formal logic Texts containing the regulations Analysis enmodeling Aims of the POWER-approach The logic that implicitly lies beneath the regulations becomes explicit

  13. Formal logical model Power-applications

  14. Concrete example

  15. Formal logical model • Educational material • Forms • Operational guidelines • Automated (knowledge-based) systems The operational results The formal logical model is the basis for different products:

  16. Organizational Positioning POWER Problem Evaluating alternative drafts Implemen- tation Generating alternative drafts Policy process Choice POWER-Method Suggestions Legislation Proposed legislation Step 4: Suggestions for adaptation Step 1: Generating formal descriptions Step 5: DSS Step 2: Anomaly checking Step 5: Incorporating in guidelines Step 5: Incorporating in guidelines Anomalies Applications Formal descriptions Step 3: Simulations Step 5: Incorporating in automated systems Effects (micro/meso/ and macro) Step 5: Etc... Policy domain Law enforcement

  17. Governmental interests Checking the regulations • Feasibility study • Legal quality test • Effects of regulations • Checking against the goals (simulation) • Administrative costs • Operational support • Decision support • Client orientated services • Reduction of TTM & TCO

  18. Design chain Drafting Formalize Implement Use POWER-method Structure analysis Language analysis Select Integrate Generate Workbench Text styler + MetaLex FORCE + Valens Integration Wizard + MEGA Translator

  19. Abstract overview of the method

  20. Normative knowledge sources and policy Declarative Model Process model Impact Analysis Knowledge Representation Process Representation System Generation Knowledge based component Normative Systems

  21. Social environment Social environment Social environment Back office Back office Back office Regulations/ Business rules Regulations/ Business rules Regulations/ Business rules Processes and Systems Processes and Systems Processes and Systems Front office Front office Front office Services Services Services E-Government Level I Level II Level III Client Client Client

  22. A generic E-gov Architecture presentatie presentatie presentatie presentatie Legal sources Legal sources Legal models Legal models components components services services portal portal data exchange data exchange data exchange data exchange A Generic E-govarchitecture A Generic E-govarchitecture

  23. Summary of the POWER benefits • Transparent translation of legal sources • Unambiguous interpretation • Consistency checking • Better use of knowledge • Chain approach: connecting different design processes • Diminishing legal reparation • Communication

  24. End of presentation…

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