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...
Autor principal: | |
---|---|
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 |
_version_ | 1827374499900686336 |
---|---|
author | John McClellan Marshall |
author_facet | John McClellan Marshall |
author_sort | John McClellan Marshall |
collection | DOAJ |
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. |
first_indexed | 2024-03-08T11:35:25Z |
format | Article |
id | doaj.art-84c20f1a0f7d42a6b51cf9a73051244e |
institution | Directory Open Access Journal |
issn | 1731-6375 |
language | English |
last_indexed | 2024-03-08T11:35:25Z |
publishDate | 2023-12-01 |
publisher | Maria Curie-Skłodowska University |
record_format | Article |
series | Studia Iuridica Lublinensia |
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 |