Studying JDSS: New and Developing Agendas By Cyrus Tata

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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

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Why study JDSS ?

• The D in JDSS
• Perspectives
• Possibility of more fundamental knowledge and
  understanding

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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

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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

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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

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Flip Sides What we have left UnsaidSupposition
4. Formalism

• AI requires legal formalist jurisprudence
• Flip
• Discretion - rules plus facts ?
• Rule and esp fact indeterminacy

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Flip Sides what we leave unsaidSupposition 5
What Access to JDSS does to/for Public

• Flip
• What will public access do to JDSS?

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Developing the field?

• JDSS NOT as Technocracy
• Allows unique insights essences
• Need Synergy