The weird world of computers and law

Surely computer programming and law are totally different, right?

I studied Law for undergraduate, but I’ve been learning to program and I’ve recently perked onto the growing field of legal informatics. A lot of people think it is strange that I studied both Law and Computers. But, it is a growing area of interest, and it is has been for a long time. At least for 300 years or more, according to Stephen Wolfram. And, as far as I can tell, Law and Programming are very similar. They both use a system of logical rules to define a problem space. But whilst computer programs are normally written to produce very exact answers, legal problems often do not yet have a certain answer.

Is it coming?
The end of lawyers?

Describe the legal informatics paradox

Shortly put, legal informatics is the combination of computer science, or computational theory, with legal systems. It has been around for a long time. And there is a trend, though I don’t know how popular, for Law to be described as ‘legal science’. But, the content of legal systems contains essentially nothing scientific. Legal thought and scientific thought are quite separate. If you go to Law School, and you’d learn about qualitative principles like ‘justice’ or ‘fairness’ or ‘certainty’ that animate the Law (if you are lucky). Lawyers tend to use these hard-to-define, abstract concepts, to build their argument, and then they proceed to try to justify a series of value judgments about when one principle, such as fairness, might be sacrificed for another principle, such as certainty.

If you know how computer programs work, then there isn’t a clear way they can apply to problems within the legal domain. Computers are really good at things like counting, 1+2=3. These problems are so certain to define and easy to represent in a mechanical sense. Which we can then solve with an algorithm.  Most computer languages would be totally useless for dealing with legal problems. 

Really quick example of how all legal thought operates

Just a quick, stupid and inaccurate example to make my meaning clearer. If you are a local council (LC) and you buy thousands of faulty wheelie bins from Useless Bin Maker Ltd (UBM), and the manufacturing error only becomes apparent eight years later, the Law provides for a general rule requiring the Council to seek damages within 6 years of the date the bins were delivered. It would benefit the LC if there was no limitation period at all. (Their lawyer might argue this is ‘fairer’.) But, this would disadvantage UBM. (Their lawyer might argue this promotes ‘certainty’.) As it stands, because this is a latent defective, LC can make a claim within 3 years of discovering the manufacturing fault, up to a maximum of 15 years thanks to the Latent Damage Act 1986 that modifies the standard position under the Limitation Act 1980. Here is a more detailed article explaining the limitation rules for contracts in England.

Legal thought is all about modifying and augmenting the rules of the system in response to new facts that call for a slightly different compromise between the motivating principles. It is said to be a ‘normative’ exercise. Normative, according to Wikipedia, means “relating to an ideal standard or model, or being based on what is considered to be the normal or correct way of doing something“.

Future posts

In some future posts, I’ll begin to talk about how people are trying to solve this legal informatics paradox, as Computer Scientists and programmers try to make Law a dominion of the Computation Empire.

If your password security sucks, here is what to do about it….

Please share your clever work-arounds in the comment section.

Passwords are a total pain. Yep. Everyone, largely, hates having to remember them. And they have a nasty habit of catching you out when you don’t expect it. Have you not logged on to that dodgy, forgotten laptop in the bottom-draw of your office in the past 6 months? Well, if you have/haven’t, hopefully, you can remember the password. But, wait, if you go to actually try it and it rejects you, well, what was that password? Ermm, yeah. You’re quite, quietly, ignominiously stuck. It might take a little bit longer to remember it. How about trying to type every password you’ve ever used? ….Nope….Oh dear.

Sometimes, don’t you hope for a better alternative? I can’t give you a solution to that dusty-old laptop-problem. But, if you are someone who is fed up trying to remember the password for this-or-that website, (admit it, you’ve only used most websites you’ve put in a password for, once or twice, so you just have a password you use for all of those little sites) then I’d highly recommend getting a Password Manager. Yep, a PASSWORD MANAGER. GET ONE.

(It is actually cheap-to-free, and a good one is pretty easy to work with.)

Personally, I recommend Lastpass. It is super handy. It is, genuinely, a piece of software worth paying for. It is a piece of software that will make you — once you get the hang of it — never want to go back to the old method of relying upon your failing squidgy bits. Brains just aren’t meant for remembering passwords in a secure way. (Numerous studies and practical reality show.) And, it is hard to replace passwords with anything else. AND, EVERYTHING USES PASSWORDS, basically.

I also recommend two-factor authenication. But, for some people, and in some situations, it can be annoying. Don’t worry about that yet. A Password Manager, for those without either, is a more important bit of kit.

I’ll write another post later, giving a bit more detail, about how to use a Password Manager, and perhaps I’ll compare some of the current offerings. But, this is just a quick tip. If you are having trouble with passwords — or you suspect that ‘EverybodyLovesRaymond’ isn’t a secure password because you’ve used it for the last 7 years on every sad-scrap-of-a-site you’ve had the chance to — then something like Lastpass is well-worth your time. Check it out. Honestly. Life-saver.