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inariksit committed Jun 16, 2020
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12 changes: 12 additions & 0 deletions advantages_of_imprecision.md
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date: "2020-06-16"
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# Advantages of imprecision

Some semantic vagueness is intended.

* Too rigid law/contract is not applicable for novel situations.


See also: ["I know it when I see it"](https://en.wikipedia.org/wiki/I_know_it_when_I_see_it)
9 changes: 9 additions & 0 deletions computable_contracts.md
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date: "2020-06-15"
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- concept
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# Computable contracts

Paper by Harry Surden from 2012.
TODO: read paper.


Also a general term. Examples of computable contracts:

- <daml_smart_contracts>
2 changes: 2 additions & 0 deletions daml_smart_contracts.md
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# DAML smart contracts

[DAML web page](https://daml.com/)

A different interpretation of contracts as code, where the contracts are
automatically generated and signed by computers and sent between servers.

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38 changes: 38 additions & 0 deletions generality.md
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# Generality

Event `A` is more general than event `B`, iff every instance of `B` is also an instance of `A`.

Example from Layman E. Allen (1987) _Normalized legal drafting and Query method_:

* "penalty" is more general than "fine"
* "penalty" is more general than "imprisonment"

### Colloquial usage of "generalization"

Paraphrased from a [Finnish source](http://sange.fi/~atehwa/cgi-bin/piki.cgi/yleistys), so trust my word. :-P /Inari

Consider the following statements and their (unjustified) conclusions:

* All humans can walk
* conclusion: All mammals can walk
* It's sunny today
* conclusion: It's sunny always

Despite colloquial usage, these conclusions are not generalisations.

_Mammal_ is a generalization of _human_, and _always_ is a generalization of _today_.
But the statement "it's sunny always" is __not__ a generalization of "it's sunny today".

In all worlds where it's sunny _always_, it is also sunny _today_. So the logically correct direction is:

* _it's sunny today_ is a generalization of _it's sunny always_.

### Questions

Is this confusion about generality of statements relevant in legal contracts?
7 changes: 6 additions & 1 deletion index.md
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# Overview

This is a Zettelkasten for the reading list of CCLAW@SMU.

Contributions are welcome. (Maybe this can be moved to the smucclaw repository later and the structure can make more sense.)

Start here:

- <legal_drafting_is_broken>
- <computable_contracts>
11 changes: 11 additions & 0 deletions introduction_to_logical_spreadsheets.md
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date: "2020-06-16"
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# An introduction to logical spreadsheets

2007 paper by Michael Kassoff and Andre Valente.

TODO: read paper.
10 changes: 7 additions & 3 deletions legal_drafting_is_broken.md
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Humans are imprecise:
* Incomplete information
* Semantically vague
* Syntactically ambiguous (e.g. <scope_ambiguity>)
* Semantically vague (<generality>, …)
* Syntactically ambiguous (<scope_ambiguity>, …)

### Legal drafting uses a suboptimal format
Plain text is lacking:
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Proposed solutions to fix legal drafting:

- <normalized_legal_drafting>
- <teach_humans>
- <spreadsheets_for_law>
- <computable_contracts>

Alternative points of view:

- <advantages_of_imprecision>
9 changes: 0 additions & 9 deletions normalized_legal_drafting.md

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42 changes: 42 additions & 0 deletions normalized_legal_drafting_query_method.md
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date: "2020-06-15"
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# Normalized legal drafting and the Query method

1978 paper by Layman E. Allen: _Normalized legal drafting and the Query method_.

Precursor to rules as code, computational contracts etc. "Normalized" legal document à la Allen ≈ <cnl> with the goal "Improve communication among humans".

### Purpose

Aims to fix _unintended_ syntactic ambiguity, imprecision, confusing turn of phrase or just plain incorrect meaning.
(There are also <advantages_of_imprecision>, which this method would keep.)

### Normalization

(Manually) convert text into two equivalent formats:

1. Itemized list, using line breaks and explicit tokens such as `1.` and `a)`
1. Human-readable visual diagram. For istance, _if a then b_ is expressed as

```
>─┐
a
˅
b
```
Advantages:
* Exposes <scope_ambiguity> when you need to put things in parallel and be explicit about what is left unsaid.
* Visual graph shows more clearly different ways of reaching a state, etc.
### Query method
Method for humans to learn to draft in the normalized style.
TODO: read that part of paper.
9 changes: 8 additions & 1 deletion spreadsheets_for_law.md
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date: "2020-06-15"
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# Spreadsheets for law

I don't know yet what this is, but Meng thinks it's important.
TODO

Related papers:

- <introduction_to_logical_spreadsheets>
15 changes: 15 additions & 0 deletions teach_humans.md
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# Teach humans to draft better

The only feasible approach before computers were mainstream.

(TODO: is there modern support for this approach?)

Examples:

- <normalized_legal_drafting_query_method> (Allen 1978)

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