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Studying JDSS: New and Developing Agendas By Cyrus Tata

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Presented to The Third International Symposium on Judicial ... Developing the field? JDSS NOT as Technocracy. Allows unique insights essences. Need Synergy ... – PowerPoint PPT presentation

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Title: Studying JDSS: New and Developing Agendas By Cyrus Tata


1
Studying JDSS New and Developing
AgendasByCyrus Tata
  • Presented to The Third International Symposium on
    Judicial Decision Support Systems
  • Chicago-Kent College of Law
  • 25-26 May 2001

2
Why study JDSS ?
  • The D in JDSS
  • Perspectives
  • Possibility of more fundamental knowledge and
    understanding

3
What do we know so far?
  • Potential not yet fulfilled
  • Is it just a matter of time ?
  • What we know we need to study
  • 5 flips
  • Time, Rationality, Effects, Formalism, Public
    Access

4
Flip Sides What we leave unsaid Supposition 1
A matter of time
  • Flip Why (broadly) do judges not support support
    systems ?
  • Resolute Ambivalence to Institutionalisation
  • Self-Perceptions

5
Flip Sides what we have left unsaid
Supposition 2 Use of JDSS gtgtgt Rationality
  • Flip
  • How would we recognise rationality?
  • Judicial Discourse of Balance
  • Performance of justice play

6
Flip Sides What we leave unsaid Supposition 3
Effects on decisions
  • Flip What effects do judges have on
    information ?
  • Incomplete, Indeterminate
  • Meaning is not posited but Made

7
Flip Sides What we have left UnsaidSupposition
4. Formalism
  • AI requires legal formalist jurisprudence
  • Flip
  • Discretion - rules plus facts ?
  • Rule and esp fact indeterminacy

8
Flip Sides what we leave unsaidSupposition 5
What Access to JDSS does to/for Public
  • Flip
  • What will public access do to JDSS?

9
Developing the field?
  • JDSS NOT as Technocracy
  • Allows unique insights essences
  • Need Synergy
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