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Re:Computational Law, Symbolic Discourse, and the AI Constit... by tensor on Wednesday October 12, 2016 @09:13PM (#12697663)
Another aspect here is that people think writing contracts as code will eliminate errors. But just look at our software, it's full of bugs. The DAO episode is a perfect example of what will happen with contracts as code: bugs and loopholes, just like now, but harder to address.
Re:Computational Law, Symbolic Discourse, and the AI Constit... by rdlecler1 on Wednesday October 12, 2016 @09:21PM (#12697693)
Now imagine how buggy legal documents are when they're rewritten fresh each time, rather than using open source libraries and subroutines.
Re:Computational Law, Symbolic Discourse, and the AI Constit... by umanwizard on Wednesday October 12, 2016 @09:31PM (#12697733)
Luckily things are interpreted by human judges who can use discretion and interpret things in a sort of "do what I mean" way, so "bugginess" isn't as big of an issue as it is in coding.
Re:Computational Law, Symbolic Discourse, and the AI Constit... by posterboy on Thursday October 13, 2016 @05:56AM (#12699603)
This is as true as ever changing compiler extensions like undefined behaviour optimizations have proven a success for maintainable and portablility.
Re:Computational Law, Symbolic Discourse, and the AI Constit... by hprotagonist on Wednesday October 12, 2016 @10:57PM (#12698109)
this is the crux of the thing.
Re:Computational Law, Symbolic Discourse, and the AI Constit... by TeMPOraL on Thursday October 13, 2016 @09:47AM (#12700713)
Well, until we reach smarter-than-human AI, you ultimately have to base everything in society on trust. That's why I actually find the ideas around trustless systems to be potentially dangerous.

Discretion of a human judge is grease on the gears of law.

Re:Computational Law, Symbolic Discourse, and the AI Constit... by coldtea on Wednesday October 12, 2016 @10:00PM (#12697857)
Legal documents are hardly "rewritten fresh each time". Lawyers have standard legal templates for things like contracts for example, where only few things change.

Moreover the content and legal rules predetermines what will be written in such legal documents down to the phrasing. While there will be differences, it's not "free writing"/"express yourself" kind of thing.

Re:Computational Law, Symbolic Discourse, and the AI Constit... by ctchocula on Thursday October 13, 2016 @07:39AM (#12699989)
In software, it's considered poor coding practice for code to be repeated more than once. If lawyers use templates so often and only a few things change, why don't they employ something similar? E.g. here's standardLeaseContract(); difference1(); difference2(); difference3();

To me it seems this would make things much clearer to parties involved, and reduce opportunities for abuse compared to many pages of boilerplate and only a few lines that matter.

Re:Computational Law, Symbolic Discourse, and the AI Constit... by coldtea on Thursday October 13, 2016 @09:15AM (#12700513)
Because as in software, so in law, you must deliver an end product that has the instructions expanded with the differences included in. You don't give templates, you dive the rendered result. A tech savvy law firm could of course use templates to define what that would be.

That said, a lot of state law is kind of like what you describe. An initial law, and tons of differences applied on it. E.g. article 3242 clarifies article 432 and adds the provision to do so and so.

Re:Computational Law, Symbolic Discourse, and the AI Constit... by AnimalMuppet on Wednesday October 12, 2016 @09:25PM (#12697711)
I don't think that's quite right. There is often a "standard" way write certain things. Then there's a bug exposed - that wording lost in a court case. Now people stop using that wording. They try different alternate wordings. Eventually, there's kind of a convergence on a new "standard" way to write it.

Two disclaimers. First, IANAL. Second, "standard" really means "a lot of people do it this way", not "this is recognized as the right way to do it".

Re:Computational Law, Symbolic Discourse, and the AI Constit... by tnecniv on Thursday October 13, 2016 @02:20AM (#12698891)
Except this doesn't happen. If a lawyer plots a 1k+ page contract down on your table to sign, he probably didn't write it from scratch for you. If the lawyer has been at this for a while, he or she has a list of likely vary similar contracts that they drew most of the language from and then modified for the needs of you and the other entities (we don't like the clause, we want to be protected against this, etc.).