Automated Legal Decision Systems in Practice: The Mirror of Reality

Authors: Oskamp A.; Tragter M.W.

Source: Artificial Intelligence and Law, Volume 5, Number 4, December 1997 , pp. 291-322(32)

Publisher: Springer

Buy & download fulltext article:

Price: $47.00 plus tax (Refund Policy)

Abstract:

Automated decision systems are often used to enforce legislation. As such, they have considerable regulating effects. These systems regulate the behaviour of users and addressees mainly through standardization. This research classifies these systems into categories according to which the regulating effects can be described more clearly. Furthermore, this categorization results in a better understanding how problems encountered with at present can be avoided in the future. Many problems result from the way the development process has been organized. It turns out the development process can be divided according to the time the systems are developed with regard to the legislation they aim to enforce. Present procedures lack good monitoring of the development process. To this end, legal procedures are needed to ensure that a legally correct product will be made, parties involved should change their tune, system developers should be more concerned with the legal status of the system and the legislator should be actively involved in the development of the system. Moreover, an ex ante-evaluation should notice the possible regulating effects caused by the system to ensure a correct balance of the pros and cons. It should be ensured that these systems are effectively put to control. Transparency is indispensable.

Keywords: automated legal decision systems; regulating effects; system development; transparency; control

Language: English

Document Type: Regular paper

Affiliations: 1: Computer/Law Institute, Vrije Universiteit, De Boelelaan 1105, 1081 HV Amsterdam, The Netherlands (E-mail: {a.oskamp,m.w.tragter}@rechten.vu.nl)

Publication date: 1997-12-01