'Analogies and Disanalogies Between Machine-Driven and Human-Driven Legal Judgement' by Reuben Binns

10-12-2020

Analogies and Disanalogies Between Machine-Driven and Human-Driven Legal Judgement

In the third online-first article Reuben Binns, with a background in both computer science and philosophy, investigates the difference(s) that make(s) a difference in text-driven law as compared to data- and code-driven decision-making systems. This involves issues of procedure (getting to a right answer in the right way), discretion (dealing with the indeterminary inherent in text-driven systems), anticipation (the role of new case law) and a number of other incompatibilities that are all highly relevant when considering the integration of 'legal technologies' into legal practice or legal scholarship. 

Reply by Emily M. Bender, Professor of Computational Linguistics, University of Washington.