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Semantic Web: A Legal Case Study
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Pompeu Casanovas, Nuria Casellas, Joan-Josep Vallbe, Marta Poblet, V. Richard Benjamins, Mercedes Blazquez, Raul Pena and Jesus Contreras
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12.1. INTRODUCTION
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Socio-legal studies have used the notion of legal culture in many senses since Friedman initially coined the term as the network of values and attitudes related to law (Friedman, 1969) and further distinguished between the external legal culture the culture of the general population and the internal culture the legal culture of those members of society who perform specialized legal tasks (Friedman, 1975). Notwithstanding the valuable contribution of the concept to the analysis of legal systems, criticisms were made because of its lack of measurability. In this regard, Blankenburg proposed to split the concept into various levels and variables of analysis, namely: (i) the ideas and expectations of justice; (ii) the doctrine of major families of legal systems; (iii) legal training, legal professions, courts, and their procedures; (iv) the way legal institutions actually work, and (v) the degree of trust of people in them (Blankenburg, 1999). However, we have argued elsewhere that the problem of linking this general institutional framework of legal behavior with the more concrete procedures of thinking, deciding, and ruling still remains unsolved (Casanovas, 1999). The work described here is an attempt to identify, organize, model, and use the practical knowledge produced by judges in judicial settings. We will refer to judicial culture or, more speci cally, to
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Semantic Web Technologies: Trends and Research in Ontology-based Systems John Davies, Rudi Studer, Paul Warren # 2006 John Wiley & Sons, Ltd
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SEMANTIC WEB: A LEGAL CASE STUDY
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judicial knowledge to describe the whole range of cognitive skills and technical resources displayed by judges in judicial units to think, decide, and judge. This chapter describes the different steps taken in the legal case study towards the design and development of the Iuriservice system. Iuriservice is a web-based application that retrieves answers to questions raised by incoming judges in the Spanish judicial domain. Iuriservice provides these newly recruited judges with access to frequently asked questions (FAQ) through a natural language interface. The judge describes the problem at hand and the application responds with a list of relevant question-answer pairs that offer solutions to the problem faced by the judge altogether with a list of relevant judgments. This application can also be used as a traditional FAQ system, by selecting the appropriate question from a list. In this way, Iuriservice aims at organizing, modeling, and making judicial knowledge usable to any incoming judge.
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12.2. PROFILE OF THE USERS
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Identifying the problems that newly recruited judges face in daily work and modeling judicial knowledge are basic purposes of the legal case study. To ful ll those objectives, extended eldwork was performed from March to September 2004.1 The research targeted the judges of the 52nd class of the Judicial School, who lled vacancies in rst instance courts scattered throughout Spain (14 of 17 Autonomous Communities were visited). This group of judges took of ce by early 2002, so that they had already spent 2 years in of ce. Consequently, the 52nd class ful lled our two basic ethnographic requirements: they were newly recruited judges who, at the same time, had spent time enough in of ce so as to provide researchers with a number of questions regarding daily problems, on-duty periods, and legal procedures at large. Interviews with newly recruited judges contain a number of variables relevant to describe the organizational context of users (i.e., work conditions, organization of judicial units, professional contacts, etc.). The eldwork also aimed at obtaining an accurate pro le of judges as
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The UAB Observatory of Judicial Culture (OJC) had already conducted a national survey on newly recruited judges in 2002 (Ayuso et al., 2003). The survey consisted of in depth interviews to 130 incoming judges. Interviews were conducted by their own peers, still at the Judicial School, as part of their training. Judges were taught how to perform the interviews so that they could also obtain information about what they could expect to encounter in their future workplaces. To compare results, 141 senior magistrates were also interviewed.
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