D'Aietti-III Convegno Internazionale di Giustizia predittiva (Organizz. Scuola di Diritto Avanzato)

Gianfranco D'Aietti

12 Jul 202012:46

Summary

TLDRThe transcript discusses the application of algorithms in legal interpretation and decision-making, highlighting the importance of understanding the mathematical models behind them. It emphasizes the need for a specialized approach in various legal sectors, such as family law, and the potential for predictive analytics in administrative discretion. The speaker shares their experience in developing a method to evaluate discretionary spaces, pointing out the challenges in the collaboration between legal experts and computer analysts. The conversation also touches on the national strategy for artificial intelligence in Italy, advocating for a rights-embedded approach that anticipates the integration of legal analysis in the design phase of AI systems.

Takeaways

📚 The speaker is a professor of computer science and law, with experience as a tribunal president, emphasizing the importance of algorithms in legal interpretation.
🔍 The discussion revolves around the concept of going beyond Article 12 and the interpretation of law through algorithms, which is the main focus of Professor Viola's work.
💡 The speaker highlights the need to move beyond mere interpretation and to explore the potential of algorithms in legal decision-making, particularly in the context of discretionary behaviors and predictability.
🧠 There is a mention of the 'dark matter' of discretion, referring to the intangible and unpredictable nature of discretionary power in administrative law.
🔧 The speaker's analysis led to the ambition of creating a method for evaluating the predictability of legal decisions, especially in specialized sectors where the general context is already focused on specificities.
📈 The speaker's work involves navigating through family law and using statistical and computational analysis to predict outcomes in cases of separation, divorce, and economic issues related to these matters.
📊 The use of the Gaussian curve ('curva di credibilità') is discussed as a tool for analyzing the core of real decisions, which has been applied in many sectors involving discretion.
🤖 The importance of a close relationship between lawyers and the development of algorithms is emphasized, as well as the need for lawyers to understand the computational mindset to effectively communicate with analysts and programmers.
🚀 The speaker has already implemented a system that analyzes separations and divorces, assigning average tendency values, which is a practical application of the discussed methodology.
🌐 The conversation touches on the national strategy for artificial intelligence, highlighting the Italian approach to embedding AI with fundamental rights and the need for lawyers' input during the design phase.
📝 The speaker concludes by stressing the value of computational thinking in legal culture, not just as a technical skill, but as a methodological approach to enhance transparency and accountability in algorithmic decision-making.

Q & A

What is the main focus of the speaker's discussion?
-The main focus of the speaker's discussion is the application of algorithms and mathematical models in the interpretation and prediction of legal outcomes, particularly in the context of discretionary behaviors in law.
How does the speaker describe the starting point of their analysis?
-The speaker describes the starting point of their analysis as going beyond the interpretation of law through algorithms, which is the battleground of Professor Viola, and exploring the concept of discretionary behavior in legal decisions.
What is the significance of the 'curve of belief' or 'Gaussian curve' mentioned by the speaker?
-The 'curve of belief' or 'Gaussian curve' is significant as it represents the heart of true decisions, taking the core of real decisions and applying mathematical analysis to understand and predict legal outcomes based on statistical frequency and computational calculations.
What does the speaker suggest about the role of jurists and analysts in the development of algorithms?
-The speaker suggests that jurists and analysts should have a close relationship in the development of algorithms. Jurists should analyze procedures and construct mental models, while analysts should study the sector they are not familiar with and understand the fundamental elements that programmers may not fully grasp.
How does the speaker address the issue of transparency in algorithms?
-The speaker addresses the issue of transparency by emphasizing the need for jurists to be able to dictate and control the level of transparency in algorithms, ensuring that the decision-making process is understandable and accountable.
What is the speaker's view on the potential of computational thinking in the legal field?
-The speaker sees computational thinking as a valuable addition to legal culture, not just as a means to program but as a method to measure, evaluate, and communicate with those who develop computer systems, thus reducing errors and enhancing the legal decision-making process.
What is the speaker's stance on the predictability of legal outcomes?
-The speaker believes in the predictability of legal outcomes, especially in areas such as family law, where statistical analysis and computational calculations can provide a measure of equity and predict tendencies in legal decisions like separations and divorces.
How does the speaker propose to bridge the gap between legal experts and computational analysts?
-The speaker proposes a methodological approach where legal experts and computational analysts work closely together, with the legal expert providing a deep understanding of the law and the analyst applying this knowledge to develop algorithms that are both sophisticated and transparent.
What is the speaker's view on the role of artificial intelligence in the future of Italian law?
-The speaker envisions a future where artificial intelligence plays a significant role in Italian law, enriching it with a variety of applications and methodologies that can lead to an evolution of jurisprudence and a more equitable legal system.
What does the speaker suggest as a necessary skill for legal professionals in the context of algorithmic analysis?
-The speaker suggests that legal professionals need to learn computational thinking and methods to effectively communicate with computational analysts and to ensure that the algorithms developed are accurate and reflective of the legal nuances.

Outlines

00:00

📚 Beyond Legal Interpretation: Algorithmic Models and Discretion

This paragraph discusses the evolution of legal interpretation beyond the traditional methods, emphasizing the role of algorithms in understanding and applying laws. The speaker references Professor Viola's past stance on the importance of going beyond Article 12 and the use of mathematical models as the battleground for legal interpretation. The speaker then delves into their own work on creating a method to evaluate discretionary spaces in law, inspired by the unpredictability and diversity of administrative discretion. The focus is on the creation of specialized algorithms that can analyze specific legal norms and predict outcomes within the confines of a particular sector, highlighting the need for a nuanced understanding of both the law and the mathematical models used to predict legal outcomes.

05:00

🔍 Analysis of Discretionary Behaviors in Family Law

The speaker shares their personal experience as a judge in the family court, focusing on the predictability and economic aspects of separations, divorces, and the discretionary behaviors within this domain. They discuss their approach to understanding and analyzing common behaviors in family law cases, such as consensual separations, and how these can serve as a reference for equity. The paragraph emphasizes the challenge of balancing discretion with the need for transparency and accountability in legal decisions. The speaker also touches on the importance of a collaborative approach between jurists and analysts/programmers in developing algorithms that accurately reflect legal thought and procedures.

10:03

🤖 Integrating Computational Thinking in Legal Practice

This paragraph highlights the importance of computational thinking in the legal profession, discussing the need for a transparent and understandable algorithmic process. The speaker introduces the concept of using mathematical models, such as the Gaussian curve, to analyze and predict legal decisions, thereby addressing the challenge of discretionary behaviors in various sectors. The emphasis is on the methodological approach to creating algorithms that can be applied across different areas of law, ensuring that these models are based on specific reference areas. The speaker also calls for a greater integration of computational thinking in legal education to avoid potential errors and to enhance the cultural understanding of law, advocating for a methodical approach that involves both jurists and analysts in the development of legal computational systems.

Mindmap

Keywords

💡Algorithm

An algorithm is a mathematical model or a set of rules used for problem-solving. In the context of the video, it is central to the discussion on how algorithms can be used to interpret laws and predict legal outcomes. The speaker discusses going 'beyond the interpretation' of law through algorithms, indicating a shift from traditional legal interpretation to a more data-driven approach.

💡Discretionary Behaviors

Discretionary behaviors refer to actions that are not strictly regulated or determined, allowing for personal judgment or choice. In the video, the speaker discusses the unpredictability and complexity of discretionary behaviors in administrative contexts, highlighting the challenge of creating algorithms that can accurately predict or evaluate such behaviors.

💡Predictive Analytics

Predictive analytics is the use of data, statistical algorithms, and machine learning techniques to identify the likelihood of future outcomes based on historical data. In the video, the speaker talks about the potential of predictive analytics in law, particularly in predicting legal decisions and behaviors.

💡Jurisprudence

Jurisprudence refers to the study and theory of law, including its principles and the way they are applied. In the video, the speaker discusses the evolution of jurisprudence through the use of sophisticated methodologies, such as the analysis of legal precedents and the development of a new approach to legal interpretation.

💡Legal Interpretation

Legal interpretation is the process of analyzing and explaining the meaning of laws and legal texts. In the video, the speaker emphasizes the importance of moving beyond traditional legal interpretation to incorporate algorithmic analysis, which can provide a more objective and data-driven understanding of the law.

💡Computational Thinking

Computational thinking is a problem-solving process that involves breaking down complex problems into smaller, manageable parts that can be solved through computer programming or algorithmic thinking. In the video, the speaker advocates for the integration of computational thinking in legal practice to improve the understanding and application of algorithms in law.

💡Transparency

Transparency in the context of the video refers to the openness and clarity of the decision-making process, especially when it involves algorithms. The speaker emphasizes the need for algorithms to be transparent so that they can be understood, evaluated, and controlled by legal professionals.

💡Artificial Intelligence (AI)

Artificial intelligence (AI) refers to the development of computer systems that can perform tasks typically requiring human intelligence, such as learning, reasoning, and problem-solving. In the video, AI is discussed in relation to its potential role in the legal field, particularly in the context of the national strategy for AI that respects fundamental rights.

💡Data-Driven

Data-driven approaches rely on the analysis and interpretation of data to inform decision-making. In the video, the speaker advocates for a data-driven methodology in law, where legal decisions and predictions are based on statistical analysis and algorithmic models rather than solely on human judgment.

💡Gaussian Curve

The Gaussian curve, also known as the normal distribution, is a statistical model that represents the distribution of a variable around its mean value. In the video, the speaker uses the Gaussian curve to analyze the 'heart of true decisions,' suggesting that it can help identify the most common and predictable outcomes in legal cases.

💡Specialization

Specialization in this context refers to the process of focusing on a specific area of expertise within a broader field. The speaker discusses the creation of specialized algorithms for specific legal sectors, indicating that a single, all-encompassing algorithm is not feasible, but multiple specialized ones can be developed to address particular legal issues.

Highlights

The speaker is a computer science and legal scholar who has served as a court president, emphasizing the importance of combining legal expertise with computational methods.

The discussion revolves around the concept of going beyond the interpretation of law through algorithms, which is a key battleground for the speaker's approach.

The speaker argues for the necessity of moving beyond the traditional interpretation of law, as exemplified by the debate over Article 12.

The speaker's work involves creating a method for evaluating discretionary spaces in law, which is a significant innovation in the field.

The speaker's research includes the predictability of genetic factors and the role of computational models in understanding and predicting behaviors.

The speaker addresses the challenge of administrative discretion, which is an intangible and unpredictable model that they aim to analyze and quantify.

The speaker's analysis has led to the development of specialized algorithms for specific sectors, focusing on the predictability of certain legal outcomes.

The speaker discusses the Italian legal tradition and its evolution through the technique of 'mass action', highlighting the role of legal journals and the Supreme Court's decisions.

The speaker explores the predictability of facts in law, such as probabilistic hypotheses in civil law and the pursuit of rational certainty in criminal law.

The speaker's methodology involves analyzing the frequency and statistical sophistication of legal behaviors, using mathematical models like the Gaussian curve.

The speaker emphasizes the importance of transparency in algorithms and the role of lawyers in dictating and controlling computational processes.

The speaker calls for a computational mindset in the legal profession, which involves understanding and evaluating the algorithms developed by analysts and programmers.

The speaker's system for analyzing family law cases, such as separations and divorces, has already been implemented, demonstrating the practical application of their methodology.

The speaker discusses the national strategy on artificial intelligence, emphasizing the need for a rights-embedded approach that anticipates the analysis of legal experts during the design phase.

The speaker's work contributes to the cultural shift towards computational thinking in law, which is not just about learning programming but understanding the method behind algorithm development.

The speaker highlights the potential for significant errors when the legal profession and computational models are not properly aligned, underscoring the need for a closer collaboration between lawyers and analysts.

The speaker concludes by advocating for a methodical approach to explaining to informaticians how algorithms should be developed, which is crucial for transparency and accountability in legal AI applications.