The rise and fall of the legal expert system†

Those very few of us who were critical of the rise of legal expert systems in the early 1980s probably wonder, in idle moments, whether there is a possibility of rejuvenation of an approach which was once multi-various and is now obscure and esoteric. Is it possible that after rising and falling, that legal expert system research programme could rise again? What were the conditions which gave impetus to the field and could they be repeated? In this article I want to return, with a personal viewpoint, on the rise of expert systems and why - despite their failure - the appeal of commoditising legal expertise continues to allure the unwary.     

What does Brexit Tell Us about Our Understanding of European Identity?

This paper reports on a number of Eurobarometer surveys undertaken by the European Commission as a way of reflecting on Brexit and the challenges it poses to European identity. Our work with the surveys has been undertaken in the context of developing an educational game (RU EU?) which will explore European identity. European citizenship and identity have been strongly promoted by the EU but, while they appear to have been accepted at an elite level, the EU—and the UK in particular—have so far not constructed a narrative which has been supported by ‘ordinary’ citizens. Brexit has therefore exposed the failings of European elites in this regard. That said, there is some evidence that the complexities of Brexit have led to a strengthening of European identity in the other EU 27 countries.     

E-participation and e-participants: solving the patent ‘crisis’

One of the major planks of some visions for E-Gov is that there is a willing participatory group who are more than happy to be involved in new forms of democracy and will be active and useful suppliers of input to e-consultation or e-participation processes. This group is different from that which goes online to the government website and signs a petition asking the prime minister to resign. It is becoming clear, though, that the commitment to e-participation may well be there in theory, but difficult to access in practice. Further, the participation that is most welcome can frequently require training and expertise that is not widely available or there may be differences in opinion as to the point of participation. In this paper I will look to the attempts to encourage participation in the patent system. The UK has initiated a trial system utilising New York Law School's Peer-To-Patent project, but has also attempted to involve participants in previous consultation exercises. I will use these as demonstrations of the sorts of problems that e-participation has met, and consider whether this new form of E-Gov is perhaps being oversold. The interesting question is whether participation is a growing tool that can ensure better public services from the State. My conclusion is that consultation and participatory projects can demonstrate involvement and are certainly educative, but e-participatory projects are most likely incapable of achieving the goals set by their more optimistic advocates. The paper emphasises the patents field, but the lessons from it can – I suggest – be viewed as indicators having wider governance relevance. The primary point being made is that the technocratic view is always over-optimistic.     

From Operational Strategy to Serving the Customer: Technology and Ethics in Welfare Law

We previously wrote critically on the UK's welfare computerization programme of the 1980s and in this article we investigate the latest programme. Our argument is that welfare is being seen and is being understood in a technological context rather than a truly welfare one— that is, that the technology behind the computerization projects model views of how welfare recipients should be processed. In the 1980s, the computer model that was being applied was one of data processing (i.e. the 'business model'). In the 2000s, it is the model of computer-based communication (i.e. the 'Internet model'). But further, the new technological communication model is being effused with an ethical aspect— that those who do not communicate are lacking in socio-ethical responsibility to society, and are deemed not to be truly living up to their role as citizens.