Measuring the Complexity of the Law: The United States Code ( Slides by Daniel Martin Katz & Michael J. Bommarito II )
1. Measuring the
Complexity
of the Law:
The United
States Code
daniel martin katz
michael j bommarito ii
computationallegalstudies.com
@ computational
2. This is the Era of “Big” Data
Increasing Computing Power
Decreasing Data Storage Costs
Fundamentally Altering the Scope of Scientific Inquiry
and Technical Possibility
9. The Complexity of the Law
is a Canonical Question
Legal and Political Theory
Justifications for Law and the State
Optimal Precision in Legal Rules
Kaplow (1995) Tullock (1995)
Applied Scholarship -Tax, Environmental Law, Admin Law, etc.
Economics of the Legal Profession
Complexity ~ Bespoke Legal Work
=
10. Law as a Means of
Solving Social Dilemmas
Aligns Incentives / Channels Behavior
Offers Focal Points / Coordination Mechanisms
Encourages Actors to Internalize Costs
Protects Individual Rights and Liberties
Maintains Monopoly on Legitimated Violence
11. Complexity of Society &
Complexity of the Law
What conditions must be met for law
to achieve these ends?
Legal Rules Should Reflect The Nature of:
Economic Exchange
Political Behavior
Social Interaction
12. A Perspective on the Scope
of Legal Rules in a Modern Society
This Paper is an Effort (Albeit Imperfect)
to Measure the Complexity of the Law
Applying the Computational Tools of the
‘Big Data’ Era
Using an Important Corpus of Written Law
That is Large and Cross Cutting
14. This is the United States Code
Drawn from the U.S. Statutes at Large
Compiled Version of Federal Statutory Law
Does not Include Fed Admin Regulations
16. Some Potential Questions
How Large is the United States Code?
How Complex is the Code and its Components?
How has its Composition Changed Over Time?
Can we understand if those changes scale to changes
in the complexity of broader society?
24. The Case for a
Computational Approach
The United States Code is Large ...
Need Tools and Methods that Scale
to the Size and Scope of this Body of
Information
Computational Methods are Arguably Required
25. Computational Approach
to the Measurement
of Complexity
(1) Provide a Mathematical
Representation for an Object
(2) Generate a Measurement Strategy for
that Object
28. The US Code as a
Mathematical Object
Hierarchical Structure
Title 26
Subtitle A
Chapter 1
Subchapter F
Part I
Section 501
Subsection (c)
Paragraph (3)
29. The US Code as a
Mathematical Object
Citation
Network
Example: Tax Evasion
Title 26 Tax
Might Cite
Title 18 Crimes &
Criminal Procedure
http://computationallegalstudies.com/2009/09/14/
the-structure-of-the-united-states-code/
38. The Complexity of Law
The sheer difficulty of searching for and assimilating
the information content of a relevant body of legal
rules
Related to But Distinct from other important features:
Ambiguity
Uncertainty
Costs of Compliance
39. Proxy for an Information
Acquisition Process
(1) Work Through a Hierarchy
(2) Look up any Citations you encounter
(3) Confront Language of
varying length and diversity
40. Composite Measure
through Weighted Ranks
(A) For each factor - Measure each of the
49 Active titles
(B) Then, rank each title from
(1) Most to (49) Least
(C) Apply a Weight to each of these factors
(Simplest Case is to Average)
41. Toward a Composite Measure
Multidimensional object --> Composite Measure
Full Code and Individual Titles
Weighted Ranks
Imperfect for certain applications but a good start
A Positive Feature of weighted ranks
(1) Change Weights
(2) Add Additional Dimensions
42. Toward a Composite Measure
Structure
Dependence
Composite Measure
Language
43. Two Forms of Weighted Ranks
Unnormalized Measure
Considers the Complexity of
reviewing a full title
Does not Control for Title Size
Normalized Measure
Considers the Average or Emblematic
Provision within the Title
Thus, we control for title size
54. The Unnormalized Measure:
Language
Language
Entropy ≈ Diversity
Title 42 - Public Health & Welfare
Entropy
Leprosy
Social Security
National Flood Insurance
US Synthetic Fuels Corp
Intl Child Abduction Remedies
59. All Code + All Data - Located Here:
https://github.com/mjbommar/us-code-complexity
60. Website Still in Progress:
http://s3.amazonaws.com/katzcloud/us-code-complexity/index.html
61.
62. Summary
Offered a framework designed to
measure the complexity of the legal rules
Designed to open a dialogue regarding Legal
complexity and its measurement
Demonstrated measurement principles that are
potentially applicable to other classes of legal
documents
Highlighted what computation might be able to
offer to empirical legal studies
64. Measuring the
Complexity
of the Law:
The United
States Code
daniel martin katz
michael j bommarito ii
computationallegalstudies.com
@ computational