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Automating Judicial Document Drafting: A Discourse-Based Approach

Automating Judicial Document Drafting: A Discourse-Based Approach 112 L. KARL BRANTING ET AL. they are assisted by various judicial staff members including administrative and secretarial staff and law clerks. Two factors impose very high requirements for correctness and consistency on judicial documents. First, the Anglo-American system embraces the doctrine of stare decisis under which judicial decisions can be used as an authority to resolve subsequent disputes. As a result, the impact of a document may extend far beyond the parties whose dispute gave rise to the document. Second, all judicial decisions and orders except those of the highest court in a given jurisdiction are subject to review by higher courts. A party adversely affected by a judicial decision has a strong incentive to discover any error or inconsistency in the document embodying the decision, since such error or inconsistency could be used to attack the decision in a higher court. Thus, high standards of correctness and consistency are essential in judicial document drafting. Document drafting can be viewed as a kind of configuration task in which textual elements are selected and arranged to satisfy the goals of the drafter and to conform to the stylistic conventions of the document genre. One source of com- plexity in http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Artificial Intelligence and Law Springer Journals

Automating Judicial Document Drafting: A Discourse-Based Approach

Artificial Intelligence and Law , Volume 6 (4) – Oct 16, 2004
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References (85)

Publisher
Springer Journals
Copyright
Copyright © 1998 by Kluwer Academic Publishers
Subject
Computer Science; Artificial Intelligence (incl. Robotics); International IT and Media Law, Intellectual Property Law; Philosophy of Law; Legal Aspects of Computing; Information Storage and Retrieval
ISSN
0924-8463
eISSN
1572-8382
DOI
10.1023/A:1008222224966
Publisher site
See Article on Publisher Site

Abstract

112 L. KARL BRANTING ET AL. they are assisted by various judicial staff members including administrative and secretarial staff and law clerks. Two factors impose very high requirements for correctness and consistency on judicial documents. First, the Anglo-American system embraces the doctrine of stare decisis under which judicial decisions can be used as an authority to resolve subsequent disputes. As a result, the impact of a document may extend far beyond the parties whose dispute gave rise to the document. Second, all judicial decisions and orders except those of the highest court in a given jurisdiction are subject to review by higher courts. A party adversely affected by a judicial decision has a strong incentive to discover any error or inconsistency in the document embodying the decision, since such error or inconsistency could be used to attack the decision in a higher court. Thus, high standards of correctness and consistency are essential in judicial document drafting. Document drafting can be viewed as a kind of configuration task in which textual elements are selected and arranged to satisfy the goals of the drafter and to conform to the stylistic conventions of the document genre. One source of com- plexity in

Journal

Artificial Intelligence and Law – Springer Journals

Published: Oct 16, 2004

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