Search result: 6 articles

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Year 2021 x
Article

Access_open Text-mining for Lawyers: How Machine Learning Techniques Can Advance our Understanding of Legal Discourse

Journal Erasmus Law Review, Issue 1 2021
Keywords text mining, machine learning, law, natural language processing
Authors Arthur Dyevre
AbstractAuthor's information

    Many questions facing legal scholars and practitioners can be answered only by analysing and interrogating large collections of legal documents: statutes, treaties, judicial decisions and law review articles. I survey a range of novel techniques in machine learning and natural language processing – including topic modelling, word embeddings and transfer learning – that can be applied to the large-scale investigation of legal texts


Arthur Dyevre
Arthur Dyevre is Professor at the KU Leuven Centre for Empirical Jurisprudence, Leuven, Belgium. arthur.dyevre@kuleuven.be.
Article

Access_open Teaching Technology to (Future) Lawyers

Journal Erasmus Law Review, Issue 1 2021
Keywords legal education, law and technology, legal analytics, technology education, technological literacy
Authors Mikołaj Barczentewicz
AbstractAuthor's information

    The article offers a reflection on how applications of computer technology (including data analytics) are and may be taught to (future) lawyers and what are the benefits and limitations of the different approaches. There is a growing sense among legal professionals and law teachers that the technological changes in the practice of law are likely to promote the kind of knowledge and skills that law graduates often do not possess today. Teaching computer technology can be done in various ways and at various depths, and those different ways and levels have different cost and benefit considerations. The article discusses four models of teaching technology: (1) teaching basic technological literacy, (2) more advanced but general technology teaching, (3) teaching computer programming and quantitative methods and (4) teaching a particular aspect of technology – other than programming (e.g. cybersecurity). I suggest that there are strong reasons for all current and future lawyers to acquire proficiency in effective uses of office and legal research software and standard means of online communication and basic cybersecurity. This can be combined with teaching of numerical and informational literacy. I also claim that advanced technology topics, like computer programming, should be taught only to the extent that this is justified by the direct need for such skills and knowledge in students’ future careers, which I predict to be true for only a minority of current lawyers and law students.


Mikołaj Barczentewicz
Mikołaj Barczentewicz is the Research Director, Surrey Law and Technology Hub, as well as Senior Lecturer (Associate Professor) in Law, University of Surrey School of Law. He is also a Research Associate of the University of Oxford Centre for Technology and Global Affairs.
Article

Access_open Big Data Ethics: A Life Cycle Perspective

Journal Erasmus Law Review, Issue 1 2021
Keywords big data, big data analysis, data life cycle, ethics, AI
Authors Simon Vydra, Andrei Poama, Sarah Giest e.a.
AbstractAuthor's information

    The adoption of big data analysis in the legal domain is a recent but growing trend that highlights ethical concerns not just with big data analysis, as such, but also with its deployment in the legal domain. This article systematically analyses five big data use cases from the legal domain utilising a pluralistic and pragmatic mode of ethical reasoning. In each case we analyse what happens with data from its creation to its eventual archival or deletion, for which we utilise the concept of ‘data life cycle’. Despite the exploratory nature of this article and some limitations of our approach, the systematic summary we deliver depicts the five cases in detail, reinforces the idea that ethically significant issues exist across the entire big data life cycle, and facilitates understanding of how various ethical considerations interact with one another throughout the big data life cycle. Furthermore, owing to its pragmatic and pluralist nature, the approach is potentially useful for practitioners aiming to interrogate big data use cases.


Simon Vydra
Simon Vydra is a Researcher at the Institute for Public Administration, Leiden University, the Netherlands.

Andrei Poama
Andrei Poama is Assistant Professor at the Institute for Public Administration, Leiden University, the Netherlands.

Sarah Giest
Sarah Giest is Assistant Professor at the Institute for Public Administration, Leiden University, the Netherlands.

Alex Ingrams
Alex Ingrams is Assistant Professor at the Institute for Public Administration, Leiden University, the Netherlands.

Bram Klievink
Bram Klievink is Professor of Digitization and Public Policy at the Institute for Public Administration, Leiden University, the Netherlands.
Article

Access_open The Common Law Remedy of Habeas Corpus Through the Prism of a Twelve-Point Construct

Journal Erasmus Law Review, Issue 2 2021
Keywords Habeas corpus, common law, detainee, Consitution, liberty
Authors Chuks Okpaluba and Anthony Nwafor
AbstractAuthor's information

    Long before the coming of the Bill of Rights in written Constitutions, the common law has had the greatest regard for the personal liberty of the individual. In order to safeguard that liberty, the remedy of habeas corpus was always available to persons deprived of their liberty unlawfully. This ancient writ has been incorporated into the modern Constitution as a fundamental right and enforceable as other rights protected by virtue of their entrenchment in those Constitutions. This article aims to bring together the various understanding of habeas corpus at common law and the principles governing the writ in common law jurisdictions. The discussion is approached through a twelve-point construct thus providing a brief conspectus of the subject matter, such that one could have a better understanding of the subject as applied in most common law jurisdictions.


Chuks Okpaluba
Chuks Okpaluba, LLB LLM (London), PhD (West Indies), is a Research Fellow at the Free State Centre for Human Rights, University of the Free State, South Africa. Email: okpaluba@mweb.co.za.

Anthony Nwafor
Anthony O. Nwafor, LLB, LLM, (Nigeria), PhD (UniJos), BL, is Professor at the School of Law, University of Venda, South Africa. Email: Anthony.Nwafor@univen.ac.za.
Article

Access_open The Influence of Strategic Culture on Legal Justifications Comparing British and German Parliamentary Debates Regarding the War against ISIS

Journal Erasmus Law Review, Issue 2 2021
Keywords strategic culture, international law, ISIS, parliamentary debates, interdisciplinarity
Authors Martin Hock
AbstractAuthor's information

    This article presents an interdisciplinary comparison of British and German legal arguments concerning the justification of the use of force against the Islamic State in Iraq and Syria (ISIS). It is situated in the broader framework of research on strategic culture and the use of international law as a tool for justifying state behaviour. Thus, a gap in political science research is analysed: addressing legal arguments as essentially political in their usage. The present work questions whether differing strategic cultures will lead to a different use of legal arguments. International legal theory and content analysis are combined to sort arguments into the categories of instrumentalism, formalism and natural law. To do so, a data set consisting of all speeches with regard to the fight against ISIS made in both parliaments until the end of 2018 is analysed. It is shown that Germany and the UK, despite their varying strategic cultures, rely on similar legal justifications to a surprisingly large extent.


Martin Hock
Martin Hock is Research Associate at the Technische Universität Dresden, Germany.
Article

Access_open The Role of the Vienna Rules in the Interpretation of the ECHR A Normative Basis or a Source of Inspiration?

Journal Erasmus Law Review, Issue 2 2021
Keywords European Convention on Human Rights, European Court of Human Rights, techniques of interpretation, the Vienna Convention on the Law of Treaties
Authors Eszter Polgári
AbstractAuthor's information

    The interpretive techniques applied by the European Court of Human Rights are instrumental in filling the vaguely formulated rights-provisions with progressive content, and their use provoked widespread criticism. The article argues that despite the scarcity of explicit references to the Vienna Convention on the Law of Treaties, all the ECtHR’s methods and doctrines of interpretation have basis in the VCLT, and the ECtHR has not developed a competing framework. The Vienna rules are flexible enough to accommodate the interpretive rules developed in the ECHR jurisprudence, although effectiveness and evolutive interpretation is favoured – due to the unique nature of Convention – over the more traditional means of interpretation, such as textualism. Applying the VCLT as a normative framework offers unique ways of reconceptualising some of the much-contested means of interpretation in order to increase the legitimacy of the ECtHR.


Eszter Polgári
Eszter Polgári, PhD, is assistant professor at the Department of Legal Studies of the Central European University in Austria.
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