Abstract
The aim of this paper is to highlight a number of ways in which computers can be used to further enhance judicial reasoning and analysis. One technique is hyperlinking. It is being used by judges to link words in their judgment to precedent cases, statutory provisions and facts, which can include images, both still and moving. There is scope to make more effective use of this technique. A second technique is flowcharts. Given the increasing complexity of factual situations in legal proceedings and statutes, flowcharts are being used more and more to represent the facts or to interpret statutory provisions. There is a well established legal paradigm employed by students, practitioners and judges in learning and practicing law. It can be represented in flowchart format and each box in the chart, embodying facts or law can be hyperlinked. By representing the judgment in flowchart format the judicial reasoning and analysis underlying the case is more apparent. Scientific analysis of evidence has been attempted over the past 200 years using algorithms and flowcharts. This technique has not met with widespread success. It is possible that the method will come into its own in the computer age. A judgment comprises a number of elements including, facts, issues, legal precedents, statutory provisions and holdings, decisions or opinions. Each of these elements are variable, in the sense that they vary from case-to-case. One role for the law is to collect together similar variables from a line of cases in order to establish principles of wider application to future cases. The statistical analysis of interdependence can assist in this regard; its goal is to give meaning to a set of variables. The statistical analysis techniques include, factor analysis, multidimensional scaling and cluster analysis. The techniques are dependant on computer programs for their implementation and they are capable of handling non-metric variables, of the type found in legal proceedings.
Original language | English |
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Number of pages | 26 |
Journal | Yearbook of New Zealand Jurisprudence |
Publication status | Published - 2007 |
Keywords
- computers
- hyperlinking
- flowcharts
- law
- judicial
- reasoning