Computational Law and Epistemic Trespassing

Abstract

This article uses the concept of 'epistemic trespassing' to argue that technologists who propose applications of computer science to the law should recognize and incorporate legal expertise, and that legal experts have a responsibility not to defer mindlessly to technologists’ claims. Computational tools or projects developed without an understanding of the substance and practice of law may harm rather than help, by diverting resources from actually useful tools and projects, resolving unimportant questions, answering questions flatly incorrectly, or providing purported solutions without sufficient attention to the larger context in which law is created and functions.