By K. Ramanraj
Law can gain a lot from using computers. Using computers to merely store legislation, judgments, and case particulars is making poor use of the real capability of the powerful processors developed and easily available. Computers can perform logical functions. They can do Boolean Calculations. Computers can be programmed to apply the law to a given set of facts. They can be made to execute the law with precision and exactness, which is impossible and unimaginable without a computer. Justice can be put on top gear, if we can make proper and efficient use of computers. I could swear that Bentham, Mill, Stephen, Macaulay and many other legal minds would have been fascinated by computer programming, and law would have been a lot different, were they now alive in our midst. Legislation should be encoded to be executed by the computer with human supervision and help. Law should be both man readable and machine readable. It is hoped that this program is convincing in showing that computers can apply law to a given set of facts.
The concept of using machines to execute a simple set of rules is not
at all new. Every body should be familiar with Traffic signals. They enforce some portions
of the Traffic Code at road intersections without human assistance. Take Computerised
Railway Reservation Systems. While canceling a reservation, the clerk at the counter
enters only ticket identification particulars printed on the ticket. The computer
"knows" that the Train is Scheduled for such and such date, that the ticket is
being canceled so many hours or days before travel, and applies the relevant reservation
cancellation rules, and prints out the amount to be refunded. The procedure takes a great
deal of load away from the shoulders of the clerk, and provides good service to the
passengers. There can hardly be any room for argument or confusion.
Computers can apply and enforce the law to a given set of facts. The only question is how and when it will be done. The initiative to computerise laws could come either from the Legislatures or from the Courts. Legislatures, being our law makers, could hereafter enact legislations, that will be both man readable and machine readable. For instance, it is unnecessary to enact pages and pages on how much tax to pay for every human activity, while it is easy to provide a simple program, that will collect the facts on the day to day transactions of the assessee, apply the law, and inform the assessee, the department and all concerned how much tax is to be paid.
Disputes can still arise. It will be either over the facts or the law. So far as both are concerned, the Courts have the final say in the matter. If we 'computerise' all our laws, then, the courts, most of the time will be engaged in doing the activity they exist for: As fact finding systems. They will consider the statement of facts by the disputing parties, and come to a conclusion about their truth. Once the facts are determined, the rest of the work in applying the law can be left to the computer program.
So far as questions of law are concerned, they should never arise in the first place. Law should be predictable, clear, unambiguous, and capable of execution. They should be fair and just. In the 'computerised legal environment', questions of law are very clear and stand out. A question of law can be defined as a question, which, if answered in the positive, will require us to add, edit or delete the Program Code. For instance, if it is strongly felt that the proviso limiting amenities to 25 percent of the cost of construction and value of site was unfair, it is impossible to resolve this question on the computer. If the Court agrees with the contention, then, the program will have to be rewritten to either to take away the limitation, or to insert such other limitations as the Court imposes. Traditionally, the Courts could only order deletion. The Legislatures could add or edit or delete to remedy the grievance.
Programming techniques are highly sophisticated. The level of thought in this particular field is amazing. Code is often written in a modular fashion so that they can be reused by several applications.
Law should take notice of the developments in the field of computing, and adapt the successful techniques used by the programmers to suit our system, if we want quick, fair and impartial justice. We should design the basic modules of our legal system. Take the concept of notice. One single module can and should contain all the law relating to notice. We should have modules for concepts that repeat in most legislation. Investigation, search and seizure, general structures of fact finding bodies, methods of obtaining copies of proceedings, and every other area capable of being grouped and reused in a variety of circumstances should exist as modules. A search and seizure is just the same, whether under Cr.P.C. or under Income Tax Act. The forms used to place the facts before the Court have to be changed to bring in uniformity and order.
Most of the codes written and enacted during the last century, have been done after careful study and rest on strong foundations. The Evidence Act, the Indian Penal Code etc. are masterpieces in the field of Legislation. If you are not convinced, please read Sir James Fitzjames Stephen's Introduction to the Evidence Act. The author has taken pains to place before us the logic behind the Act, the structure of the Act, and the reasons for its design are all explained. Five criminal cases, where the punishment would be death, if proved, are laid before us, with a detailed analysis on how the Evidence Act would apply to each and every fact. If only we could execute the laws, as they stand, in their true spirit, we will not be facing many of the problems plaguing our Courts. Computers can help the courts and authorities under the law to enforce laws, as they stand in the statute books, with precision and speed.
Legal scholars and legal minds should seriously consider this call for a whole new jurisprudence, from the information technology field. The great developments in information technology will inevitably lead us to it. The time has come for law, that has lived in the books for a long time, to move on to its new home on the Computer.
Copyright (C) 2001 K. Ramanraj
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