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Fidelity in legal coding: applying legal translation frameworks to address interpretive challenges.

Authors :
Godfrey, Nicholas
Burdon, Mark
Source :
Information & Communications Technology Law. Jun2024, Vol. 33 Issue 2, p153-176. 24p.
Publication Year :
2024

Abstract

There is rapidly developing interest in legal coding, the development of machine-consumable code representations of legal rules. However, interpretive ambiguities inherent in legal rules make it challenging to directly translate law into code. Interpretive ambiguities pose challenges for legal coders, who must determine the extent to which they disambiguate rules, as well as the interpretive methods applied. Similar interpretive issues have been historically addressed in the field of legal translation. This paper argues that a legal translation framework, known as the principle of fidelity, can be used to better understand and resolve interpretive ambiguities inherent in the legal coding process. Three models of fidelity prominently discussed in legal translation literature are adapted and applied to legal coding. Accordingly, the application of fidelity models to the legal coding process could provide new understanding and methods to address complex interpretive ambiguities. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
13600834
Volume :
33
Issue :
2
Database :
Academic Search Index
Journal :
Information & Communications Technology Law
Publication Type :
Academic Journal
Accession number :
178024684
Full Text :
https://doi.org/10.1080/13600834.2024.2312620