Improving legal quality: an application report

  • Authors:
  • Tom M. van Engers;Margherita R. Boekenoogen

  • Affiliations:
  • Centrum voor Proces en Productontwikkeling, Herman Gorterstraat 5, CG Utrecht;Centrum voor Proces en Productontwikkeling

  • Venue:
  • ICAIL '03 Proceedings of the 9th international conference on Artificial intelligence and law
  • Year:
  • 2003

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Abstract

Problems with legal quality will not only increase effort and costs of the law enforcement organisations, but also undermines the regulating power of the legislator. Unintended use or even abuse of the law may be the result. Governments therefore should improve their legal quality. The complexity of legislation however makes this task a hard one. The Dutch Tax and Customs Administration (DTCA in Dutch: Belastingdienst) has developed a method and supporting tools that support a systematic translation of (new) legislation into the DTCA's processes. This POWER-method and tools help to improve the quality of (new) legislation and codify the knowledge used in the translation processes in which legislation and regulations are transformed into procedures, computer programs and other designs. Thereby the time-to-market of the implementation of legislation will be reduced. In this article we explain some knowledge representation techniques that we use to improve legal quality. We will also show its application and give real-life examples of anomalies detected. In contrast to other knowledge modelling approaches the POWER-approach is focused on modelling legal sources rather than expert knowledge. Expert knowledge however is still needed to find the correct interpretations but also for efficiency reasons. Starting with representing the (legal) experts' knowledge (using scenarios) helps us to find the adequate scope (the legal sources to be analysed). Confronting the expert with differences between the model build out of the experts' knowledge and the ones we make out of the other knowledge sources (specifically the law) causes the legal experts to see things in a different light and has often led to changes in the law.