Cross-Examining the Computer: Uncertainty in the Court

This paper is intended to provide lawyers, young and old, with an analytical approach to their practice that is perhaps broader than they originally learned in law school or as young associates. Because lawyers and judges tend to be derived in large part from the liberal arts, this approach broadens...

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Autor principal: John McClellan Marshall
Formato: Artigo
Idioma:English
Publicado em: Maria Curie-Skłodowska University 2023-12-01
Colecção:Studia Iuridica Lublinensia
Assuntos:
Acesso em linha:https://journals.umcs.pl/sil/article/view/16164
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author John McClellan Marshall
author_facet John McClellan Marshall
author_sort John McClellan Marshall
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description This paper is intended to provide lawyers, young and old, with an analytical approach to their practice that is perhaps broader than they originally learned in law school or as young associates. Because lawyers and judges tend to be derived in large part from the liberal arts, this approach broadens that view borrowed in part on the principles of quantum mechanics, in particular Heisenberg’s “uncertainty principle.” While lawyers and judges are accustomed to some level of uncertainty, whether in an office context or at trial, the question of how to deal with it varies quite widely from person to person, and the subjectivity itself creates problems. Admittedly, this is an exercise in the “intellectual aspects of the practice of law,” which is an eminently practical activity, but it is intended to raise questions as to the role of modern technology in the legal context, as well as provide, to some extent, answers.
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spelling doaj.art-84c20f1a0f7d42a6b51cf9a73051244e2024-01-25T12:44:54ZengMaria Curie-Skłodowska UniversityStudia Iuridica Lublinensia1731-63752023-12-013249711510.17951/sil.2023.32.4.97-11510549Cross-Examining the Computer: Uncertainty in the CourtJohn McClellan Marshall0The Honorable Senior JudgeThis paper is intended to provide lawyers, young and old, with an analytical approach to their practice that is perhaps broader than they originally learned in law school or as young associates. Because lawyers and judges tend to be derived in large part from the liberal arts, this approach broadens that view borrowed in part on the principles of quantum mechanics, in particular Heisenberg’s “uncertainty principle.” While lawyers and judges are accustomed to some level of uncertainty, whether in an office context or at trial, the question of how to deal with it varies quite widely from person to person, and the subjectivity itself creates problems. Admittedly, this is an exercise in the “intellectual aspects of the practice of law,” which is an eminently practical activity, but it is intended to raise questions as to the role of modern technology in the legal context, as well as provide, to some extent, answers.https://journals.umcs.pl/sil/article/view/16164judicial axiologyuncertaintybig datatechnoevidencecyberethicsblack swan
spellingShingle John McClellan Marshall
Cross-Examining the Computer: Uncertainty in the Court
Studia Iuridica Lublinensia
judicial axiology
uncertainty
big data
technoevidence
cyberethics
black swan
title Cross-Examining the Computer: Uncertainty in the Court
title_full Cross-Examining the Computer: Uncertainty in the Court
title_fullStr Cross-Examining the Computer: Uncertainty in the Court
title_full_unstemmed Cross-Examining the Computer: Uncertainty in the Court
title_short Cross-Examining the Computer: Uncertainty in the Court
title_sort cross examining the computer uncertainty in the court
topic judicial axiology
uncertainty
big data
technoevidence
cyberethics
black swan
url https://journals.umcs.pl/sil/article/view/16164
work_keys_str_mv AT johnmcclellanmarshall crossexaminingthecomputeruncertaintyinthecourt