Survival of the fittest: network analysis of dutch supreme court cases

Authors:
Radboud Winkels;Jelle de Ruyter
Affiliations:
Leibniz Center for Law, University of Amsterdam, The Netherlands;Leibniz Center for Law, University of Amsterdam, The Netherlands
Venue:
AICOL'11 Proceedings of the 25th IVR Congress conference on AI Approaches to the Complexity of Legal Systems: models and ethical challenges for legal systems, legal language and legal ontologies, argumentation and software agents
Year:
2011

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Abstract

In this paper we present the results of a study to see whether the number of citations to cases is an indication of the relevance and authority of these cases in the Dutch legal system. Fowler e.a. have shown such results for the US common law system, but given the different status of case law in continental tradition it is not clear whether this will hold in the Netherlands. Moreover, we introduce an alternative way to validate the results using selections made by human experts for legal education. We discuss the results and conclude that network analysis of cases is a useful tool for legal research.