Improving legal quality-a knowledge engineering approach

• Published in: International review of law, computers & technology computers & technology, 2004-03, Vol.18 (1), p.81-96
• Main Authors: Van engers, Tom M., Boekenoogen, Margherita R.
• Format: Article
• Language: English
• Subjects: Computer applications; Expert systems; Knowledge; Knowledge engineering; Knowledge management; Law; Legislation; Netherlands; Quality; Software engineering
• ISSN: 1360-0869; 1364-6885
• DOI: 10.1080/13600860410001674751

Many legislation drafting departments at the different ministries have their own quality insurance techniques. Furthermore in many cases the Ministry of Justice has a special role because it is usually responsible for the overall legal quality of a country. Despite all the effort that has been spent on improving legal quality using traditional measurements, such as co-reading (peer reviewing etc.) many anomalies can still be found in recently drafted legislation. The situation is even worse in situations when existing legislation is adapted. This paper will show how a systematic approach that has its origins in knowledge engineering can help to improve legal quality. This approach was developed in the Dutch Tax and Customs Administration (DTCA) (in Dutch: Belastingdienst) and offers both a method and supporting tools that support a systematic translation of (new) legislation into the administrations' processes. This method-called the POWER-method-not only helps to improve the quality of (new) legislation. It also supports codification of the legal knowledge into procedures, computer programs and other designs. One of the advantages thereof is the reduction of the time-to-market of the implementation of legislation and its increased transparency (which will lead to reduced maintenance costs). Focus will be placed on legal quality improvement and knowledge representation techniques that are used to enable this will be explained. In contrast to other knowledge modeling approaches, the POWER-approach is focused on modeling legal sources rather than expert knowledge. Expert knowledge of course is indispensable to find the correct interpretations and also for efficiency reasons. Starting with representing the (legal) experts' knowledge (using scenarios) helps to find the adequate scope (the legal sources to be analyzed). Confronting the expert with differences between the models built out of the experts' knowledge and the conceptual models constructed 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.