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The Quantification of Law: Counting, Predicting, and Valuating

Abstract

Legal reasoning is increasingly quantified. Developers in the market and public institutions in the legal system are making use of massive databases of court opinions and other legal communications to craft algorithms to assess the effectiveness of legal arguments or predict court judgments; tasks that were once seen as the exclusive province of seasoned lawyers’ obscure knowledge. New legal technologies promise to search heaps of documents for useful evidence, and to analyze dozens of factors to quantify a lawsuit’s odds of success. Legal quantification initiatives depend on the availability of reliable data about the past behavior of courts that institutional actors have attempted to control. The development of initiatives in legal quantification is visible as public bodies craft their own tools for internal use and access by the public, and private companies create new ways to valorize the “raw data” provided by courts and lawyers by generating information useful to the strategies of legal professionals, as well as to the investors that re-valorize legal activity by securitizing legal risk through litigation funding.

Published: 2021-03-02
Section: Online First
How to Cite
Ribeiro, R. V. (2021). The Quantification of Law: Counting, Predicting, and Valuating. Law, Technology and Humans, 2(2). https://doi.org/10.5204/lthj.1603

Author Biography

University of São Paulo
Brazil Brazil

Rafael Ribeiro is a Master’s student at the Faculty of Law of the University of São Paulo (FDUSP) in Brazil, currently researching the impact of automation of litigation work on legal profession. He holds an LLB from FDUSP and a Licence en Droit from Université Lumière Lyon 2 (France). He is also a practicing attorney in the fields of privacy and data protection, intellectual property, and information technology law.

Open Access Journal
ISSN 2652-4074