LAW AND DATA SCIENCE

Data science has been successful in achieving accuracy rates as high as 83% in predicting the outcome of court decisions: Artificial intelligence prevails at predicting Supreme Court decisions. It is only a matter of time before the algorithms used to predict court decisions progress to the point of actually being able to make better decisions than the judges who now make them, that is of replacing judges and juries to be judge and jury but not the executioner — assuming we can get around the human intuitive block to allowing an algorithm or mathematical formula make normative decisions for us. If the words “justice” and “justice system” are to have any practical or pragmatic social construct meanings other than nominal normative meaning created solely to benefit the few in power in the future of our Technological Society, we need to get around this antiquated and unwarranted intuition.

 
For anyone who has studied history and existential reality, there should be no such intuitive block. The progression of history is an anarchic chaotic progression of random and arbitrary events with any historical patterns that exist almost always ignored by those who make history especially normative history; they are ignored in order for the Powers-that-be who create and define the law and its norms to create a future in their image irrespective of the images of their predecessors who used the same will-to-power to create the present. The prior essays entitled “Why Tolerate Law?” and “An Existential Philosophy of Law” have well established that the concept that judges use the facts and something called the law to reach conclusions or that there is such a thing as the common law that serves as premises for future legal decisions are both nonsense. Judges make decisions to enforce their personal ethics and morality through a monopoly on violence with protecting such monopoly one of the goals of their ethics and morality.

 
Even if a judge wanted to synthesize the thousands of pages of common and statutory law and the convoluted almost incomprehensible intertwined facts involved in even the simplest of court decisions, they could not do so. It is simply behind the ability of human consciousness because of the complexity and the large amount of data and information involved. In order to achieve some semblance of fairness and to make court decisions other than simply a product of a particular judge’s personal ethics and morality and thus of their biases and prejudices, we need to use the great human creation of data science and its algorithms. For a detailed argument on this issue, please see the extensive essay: “Knowledge and Truth in Data Science: Theory Without Theory?” .

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