Legal Decision-making Process Research Articles

Article: Generative Artificial Intelligence and Legal Decisionmaking

This article explores the transformative impact of generative artificial intelligence (GenAI) on legal decision-making processes. It also examines disclosure obligations and the challenges AI-assisted decisions pose in litigation and arbitration.A case study using ChatGPT as arbitrators in the Willem C. Vis International Commercial Arbitration Moot provides practical insights into AI’s potential and limitations in arbitral decision-making. The experiment highlights key learnings about technology constraints, due process concerns, and the enforceability of AI-assisted decisions.The article concludes with reflections on integrating AI into legal frameworks, emphasizing the need for updated regulations and best practices to ensure transparency, fairness, and accountability in AI applications within the legal domain.

Predictive Modelling in Legal Decision-Making: Leveraging Machine Learning for Forecasting Legal Outcomes

Predictive modelling holds significant promise in enhancing legal decision-making processes, particularly within the realm of the Supreme Court of the United States (SCOTUS). This paper investigates the application of Machine Learning (ML) algorithms to forecast legal outcomes, utilizing a dataset comprising SCOTUS cases. Through rigorous preprocessing and analysis, various ML techniques including Decision Trees, Random Forest, Support Vector Machines (SVM), Naive Bayes, k-Nearest Neighbors (k-NN), and XGBoost are applied. The performance of these models is evaluated using precision, recall, F1-score, and accuracy metrics, revealing nuanced differences in their effectiveness. Notably, XGBoost emerges as the top-performing algorithm with an accuracy of 72%, showcasing its robustness in capturing intricate legal patterns. In contrast, Naive Bayes and Decision Tree algorithms exhibit lower accuracies of 61% and 52%, respectively, highlighting potential limitations in their applicability to legal datasets. The comparative analysis sheds light on the strengths and weaknesses of each algorithm, underscoring the importance of selecting appropriate techniques tailored to the complexities of legal decision-making. This study contributes to the growing body of literature on predictive modelling in legal studies, offering valuable insights into the potential applications and implications of ML in enhancing the efficiency and efficacy of legal processes.

Harmonizing Diversity: Pancasila's Role as The Cornerstone of Multi-Cultural Harmony As Legal Discours

This study examines Pancasila's pivotal role in harmonizing Indonesia's diverse cultural, religious, and social landscape through legal discourse. As the foundational philosophy of Indonesia, Pancasila embodies principles that not only forge national identity but also guide the legal framework towards promoting unity, justice, and human dignity. Employing a Juridical Normative Research method, this paper delves into how Pancasila influences legal norms, principles, and decision-making processes, ensuring that Indonesia's legal system reflects its rich cultural diversity while upholding the values of social justice and national unity. The findings highlight Pancasila's dynamic adaptability and its enduring relevance in addressing contemporary challenges, such as globalization and radical ideologies, by fostering a legal and societal framework that is inclusive, just, and humane. By integrating Pancasila's principles into legal discourse, Indonesia presents a unique model of how foundational philosophies can harmonize multicultural societies. This research underscores the importance of Pancasila in shaping not only legal discourse but also in nurturing a cohesive national identity amidst diversity, offering insights into its potential application in other multicultural contexts worldwide

The Role of River Vigilance Committees to Address New Socio-Climatic Conditions in Chile: Insights from Ostrom’s Design Principles for Common-Pool Resource Institutions

Chile is currently facing a mega-drought, which is expected to lead to a significant increase in the water stress level. Social conflicts related to water use are linked to the effects of climate change and a governance system marked by the privatization of the natural resources of public interest. This study aims to analyze whether the current Chilean water governance scheme can adapt to the effects of climate change through a critical observation of the role of the River Vigilance Committees (RVCs; private user organizations exercising the public function of water management), from the perspective of Ostrom’s design principles for long-enduring Common-pool Resource (CPR) institutions. We analyze legal approaches, management mechanisms, and decision-making processes under the socio-climatic conditions that the country is currently facing. The results indicate that, with a few exceptions, the Chilean governance system does not allow RVCs to effectively incorporate the design principles—and, therefore, to achieve adaptation—due to dispersed functions, the exclusion of water users, and a lack of planning at different levels. We propose that water governance should consider the creation of River Basin Boards with broader planning powers, as well as the incorporation of different relevant stakeholders.

A critical examination of the entanglement: How political dynamics shape legal Decision-making and reform processes in Pakistan

In this scholarly exploration, we delve into the intricate interplay between political dynamics and legal decision-making within the context of Pakistan. Our analysis draws inspiration from Chantal Mouffe’s agonistic theory of democracy, which posits that inherent conflicts (antagonisms) are an essential dimension of the political landscape. These conflicts, while requiring tempering for the functioning of a pluralist democracy, remain unalienable and ever-present. Within the juridical domain, judges occupy a unique position. Cloaked in legal form, their pronouncements extend beyond mere legal interpretations. Instead, they adjudicate individual instances of ongoing collective conflicts—pitting workers against employers, consumers against traders, tenants against landlords, and moral progressives against traditionalists. These decisions, seemingly juridical, are inherently political. Judges wield a “relative sovereignty,” navigating institutional imperatives while being influenced by ideological currents. However, legal determinacy remains relative. Judges, through rigorous interpretive work, can diverge from prima facie interpretations. The collective conflicts, once juridified, crystallize into temporary hegemonic fixations. Our critical legal scholarship endeavors to destabilize these hegemonies in pursuit of justice. This task necessitates not only external critique but also internal scrutiny. We propose evaluating judicial decisions by considering all plausible alternatives, weighing conflicting interests and ideologies. In summary, our examination underscores the dual nature of judicial decisions—simultaneously juridical and political. By embracing this complexity, we contribute to a nuanced understanding of legal reform processes in Pakistan, advocating for justice beyond mere legal formalism.

A Comparative Study of Fiduciary Duty Examination Systems in Corporate Decision-Making

In recent years, China has witnessed a surge in corporate governance irregularities both internally and externally. Terms like "financial scandals" have frequently trended, drawing high attention from the general public and causing significant damage to China's financing environment. Even though there are complex regulations in place, there are still speculators who, under the guise of legal decision-making processes, act dishonestly, making it difficult to prevent. Perhaps we should consider introducing a fiduciary duty system and learning from the legal systems of the United States and the United Kingdom to protect the interests of small and minority shareholders. In the state of Delaware, often referred to as the world's corporate capital, a shareholder lawsuit involving "the world's richest person," Elon Musk, and his prideful Tesla company unfolded in the Delaware Chancery Court. It immediately attracted the attention of business owners, investors, and corporate legal scholars from across the United States and the world. Since Tesla officially announced the acquisition of Musk's affiliated enterprise in 2016, SolarCity, founded by his cousins, a protracted legal battle initiated by a substantial group of plaintiffs lasted for over five years, finally coming to an end in early 2022 with Musk's victory. This enduring lawsuit, centered around whether Musk violated his fiduciary duties to minority shareholders under Delaware corporate law, with its lengthy process, complex evidence, and the judge's astute rulings, has provided us with insights into the examination logic and techniques applied by top-tier corporate law regarding fiduciary duties. This holds significant guiding significance for the subsequent amendments and practices of China's Company Law.

Gender biases in legal decision-making: an exploration of judicial and public perceptions across multiple offences

Purpose The purpose of the paper is to investigate how judges and the general population formulate judgments on legal cases, considering both legal and extralegal factors, with a focus on the significance of the defendant’s sex. Design/methodology/approach The first experiment aimed to determine if non-lawyers’ judgments are affected by the defendant’s sex, using brief excerpts from indictments with the defendant’s sex interchanged. Study 2 aimed to verify if this effect applies to future lawyers, suggesting a peculiar approval granted by men to women displaying illegal sexual behaviour towards young men. Findings The findings showed that the sex of the offender only influenced judgments in sexual offences, with male participants being more lenient towards female offenders. Originality/value The originality/value of the paper lies in its examination of the influence of the defendant’s sex on judgments made by both judges and the general population, specifically focussing on non-lawyers’ judgments. While previous studies have shown that judges tend to be more lenient towards women in certain cases, this paper adds novelty by investigating whether a similar effect is observed among non-lawyers. Moreover, the research sheds light on the relevance of the defendant's sex in cases of sexual offences and identifies a gender-specific leniency towards female offenders, particularly among male participants. The study also explores how this effect might extend to future lawyers, providing insights into societal attitudes regarding illegal sexual behaviour involving women and young men. Overall, the paper contributes valuable information to the understanding of how sex-based biases can influence legal judgments and decision-making processes.

Documenting the Document: The Forensic Hospital Report and Its Knowledge Moves

Drawing on case files from a Canadian provincial review board tasked with determining the disposition of persons found ‘not criminally responsible on account of mental disorder’, we explore the role of the forensic hospital report in the production of medico-legal risk knowledges. Through a detailed case study, we show how the report's content and particular material form allow the Board to produce the ‘significantly threatening individual’ – the very thing the Board (and report) are meant to presuppose. We therefore call on scholars to document their documents, and, in the spirit of actor-network theory (ANT), to analytically treat socio-legal objects as active participants in knowledge's creation. By accounting for the ‘knowledge moves’ the hospital report might allow, encourage, or prohibit human actors to make, we hope even ANT sceptics can use these tools to better understand various legal decision-making processes and their effects.

A framework for the evidence-based practice of therapeutic jurisprudence: A legal therapeutic alliance

This paper provides a theoretical rationale for using the constructs of procedural justice, trust and self-determination as a framework to guide the evidence-based practice of therapeutic jurisprudence (TJ). The overarching purpose of TJ is to provide therapeutic outcomes to all participants in the legal system. This paper proposes that in legal decision-making, running a procedurally just process that generates trust amongst participants and allows the parties to experience self-determination, creates a dynamic akin to the therapeutic alliance, which, in therapy, is a reliable predictor of therapeutic outcomes. The paper argues that when a legal therapeutic alliance forms in a legal decision-making process then positive therapeutic outcomes are possible, and the process can be classified as one that accords with the philosophy of TJ. A subsequent argument is that a therapeutic court can be defined as one that enacts such a process. The paper concludes by explaining how the framework can provide both a guide to courts in designing TJ processes and an assessment framework to analyse legal decision-making processes for their therapeutic value.

Analysis of Indonesian Language Dataset for Tax Court Cases: Multiclass Classification of Court Verdicts

Tax is an obligation that arises due to the existence of laws, creating a duty for citizens to contribute a certain portion of their income to the state. The Tax Court serves as a judicial authority for taxpayers seeking justice in tax disputes, handling various types of taxes on a daily basis. This paper presents an analysis of an Indonesian language dataset of tax court cases, aiming to perform multiclass classification to predict court verdicts. The dataset undergoes preprocessing steps, while data augmentation using oversampling and label weighting techniques address class imbalance. Two models, bi-LSTM and IndoBERT, are utilized for classification. The research produced a final result of model with 75.83% using IndoBERT model. The results demonstrate the efficacy of both models in predicting court verdicts. This research has implications for predicting court conclusions with limited case details, providing valuable insights for legal decision-making processes. The findings contribute to the field of legal data analysis, showcasing the potential of NLP techniques in understanding and predicting court outcomes, thus enhancing the efficiency of legal proceedings.

Objective» and «subjective» concepts of legal interpretation in German legal doctrine

Purpose. The purpose of the article is to reveal the essence of «objective» and «subjective» concepts of legal interpretation, their theoretical basis and practical application, a comparative analysis of the differences between «objective» and «subjective» concepts of legal interpretation in German legal doctrine. Methodology. The methodology includes a complex comparative analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During the research, the following methods of scientific knowledge were used: analysis of primary sources, comparative analysis, logical analysis, critical analysis, synthesis and generalization. Results. In the process of research, it was established that «objective» and «subjective» concepts of legal interpretation are important elements of German legal doctrine. Both concepts have their advantages and disadvantages, and their application depends on the context and the specific situation. It is important to ensure a balance between general principles and individual rights and interests in order to achieve a more complete and accurate interpretation of legal norms. Originality. In the course of the research, modern trends in the interpretation of law in German legal doctrine were analyzed, new approaches and ideas emerging in this field were reflected, and new theoretical approaches to understanding the «objective» and «subjective» concepts of legal interpretation in German law were proposed. Practical significance. The results of the research can be used in law-making and law-enforcement activities, which can contribute to the development of legal practice and improvement of the legal decision-making process.

Analysis of Indonesian Language Dataset for Tax Court Cases: Multiclass Classification of Court Verdicts

Tax is an obligation that arises due to the existence of laws, creating a duty for citizens to contribute a certain portion of their income to the state. The Tax Court serves as a judicial authority for taxpayers seeking justice in tax disputes, handling various types of taxes daily. This paper analyzes an Indonesian language dataset of tax court cases, aiming to perform multiclass classification to predict court verdicts. The dataset undergoes preprocessing steps, while data augmentation using oversampling and label weighting techniques addresses class imbalance. Two models, bi-LSTM and IndoBERT, are utilized for classification. The research produced a final result of the model with 75.83% using the IndoBERT model. The results demonstrate the efficacy of both models in predicting court verdicts. This research has implications for predicting court conclusions with limited case details, providing valuable insights for legal decision-making processes. The findings contribute to legal data analysis, showcasing the potential of NLP techniques in understanding and predicting court outcomes, thus enhancing the efficiency of legal proceedings.

The Progressivity of Umar Ibn Al-Khattab's Ijtihad in Responding to Community Social Changes

This study aims to see how Umar Ibn Al-Khattab's legal ijtihad typology responds to social changes that occur in society. Ijtihad is a legal decision-making process based on syar'i arguments. During his leadership, Umar ibn Khattab was known to history as one of the caliphs who often performed ijtihad and the results often differed from those of other companions of the Prophet in terms of understanding and practice of Islamic law. Umar bin Khattab often recited the Quranic texts and hadith of the Prophet by contextualizing verses and hadiths through his maqasid approach. This research uses normative legal research methods. The data were obtained through literature review and analyzed using a descriptive analysis approach. The results showed that Umar's ijtihad pattern of Islamic law in some cases is considered as an integrated, integral, and authentic understanding in order to realize the benefit of Muslims. He carried out the policy of Islamic law by paying attention to rapidly developing social changes. Although his Ijtihad seems contrary to the provisions of the text, in fact Umar can be said to be able to understand the general principles (al-ushul al-kulliyat) of the Koran. So that the Quranic text, which has descended historically, can always provide answers and solutions to social problems of society that are always undergoing changes.

‘If she asked for settlement money, she must not be a real victim’: an interdisciplinary analysis of the discourse of victims and perpetrators of sexual violence

ABSTRACT This paper analyses the discourse surrounding a high-profile sexual assault case in South Korea. While most research on language and sexual violence has focused on the media portrayal or online resistance movement, not much has focused on the language and the law. Using Critical Discourse Analysis and rhetoric, this present paper seeks to show the importance of value of paying closer attention to legal decision-making process, showing how this can make a significant contribution to the literature. The analysis reveals two distinctive discourses at work. One is that victims must embody and display certain characteristics as a ‘pure and destroyed’ individual in order to avoid being dismissed or appearing untrustworthy. The second is that the perpetrators represent themselves as victims seeking to makes it the goal of the court to protect the perpetrators’ rights, rather than those of the victims.

Junior medical doctors’ decision making when using advance care directives to guide treatment for people with dementia: a cross-sectional vignette study

BackgroundJunior medical doctors have a key role in discussions and decisions about treatment and end-of-life care for people with dementia in hospital. Little is known about junior doctors’ decision-making processes when treating people with dementia who have advance care directives (ACDs), or the factors that influence their decisions. To describe among junior doctors in relation to two hypothetical vignettes involving patients with dementia: (1) their legal compliance and decision-making process related to treatment decisions; (2) the factors influencing their clinical decision-making; and (3) the factors associated with accurate responses to one hypothetical vignette.MethodA cross-sectional survey of junior doctors, including trainees, interns, registrars and residents, on clinical rotation in five public hospitals located in one Australian state. The anonymous, investigator-developed survey was conducted between August 2018 and June 2019. Two hypothetical vignettes describing patients with dementia presenting to hospital with an ACD and either: (1) bacterial pneumonia; or (2) suspected stroke were presented in the survey. Participants were asked to indicate whether they would commence treatment, given the ACD instructions described in each vignette.ResultsOverall, 116 junior doctors responded (35% consent rate). In Vignette 1, 58% of respondents (n = 67/116) selected the legally compliant option (i.e. not commence treatment). Participants who chose the legally compliant option perceived ‘following patient wishes’ (n = 32/67; 48%) and ‘legal requirements to follow ACDs’ (n = 32/67; 48%) as equally important reasons for complying with the ACD. The most common reason for not selecting the legally compliant option in Vignette 1 was the ‘ACD is relevant in my decision-making process, but other factors are more relevant’ (n = 14/37; 38%). In Vignette 2, 72% of respondents (n = 83/116) indicated they would commence treatment (i.e. not follow the ACD) and 18% (n = 21/116) selected they would not commence treatment. (i.e. follow the ACD). Similar reasons influenced participant decision-making in Vignette 2, a less legally certain scenario.ConclusionsThere are critical gaps in junior doctors’ compliance with the law as it relates to the implementation of ACDs. Despite there being differences in relation to the legal answer and its certainty, clinical and ethical factors guided decision-making over and above the law in both vignettes. More education and training to guide junior doctors’ clinical decision-making and ensure compliance with the law is required.

Distinctive Judicial-Tailored Causation References of Construction Accidents

Accident liability allocation is significant for social justice and industry safety. The allocation of liability between individuals and organizations depends on the judgment of their negligence in accidents. However, current judicial practice does not show a clear distinction between different accident types when allocating liabilities, and there is a lack of scientific evidence to guide the legal decision-making process in liability allocation. Unfortunately, current accident causation research does not sufficiently meet the requirements as scientific evidence to support the realization of more strategic and targeted liability allocation. This study introduces the qualitative comparative analysis (QCA) method into the field of accident analysis using crisp-set QCA (csQCA) to explore the causal distinctions between fall and non-fall accidents based on the human factor analysis and classification system (HFACS). The results show that organizational influence and unsafe acts distinctively signify fall and non-fall accidents, and that the precondition of unsafe acts is their junction. Theoretically, this study 1) furnishes a QCA tool that allows academic research with uncertainty to be used in the body of evidence that meets the requirements of law, thereby extending the application scope of accident research to the legal practice of liability allocation; and 2) provides meaningful references for the judgment of negligence and accident liability for judicial practice.

30 years on: A brave new world or an unfolding disaster?

In this short essay, the focus is on social and political aspects of forced migration. It is argued that policies designed to restrict access to developed countries have, rather like the American "prohibition", produced a thriving criminal market for smugglers, in this case of people. Making travel more difficult increases both their profits and the sophistication of their methods. Provision of targeted, properly controlled, support for refugees in countries neighbouring conflict zones might help to reduce the pressure on travel to Europe and could be both more successful and more hu-manitarian. For those who do reach devel-oped countries, there is scope to improve the legal decision-making process. Psychological input should include scientific investigation of legal assumptions, and the provision of rel-evant expert literature reviews, for example concerning modern knowledge of memory. Trust is the first casualty of repressive vio-lence, and mistrust among opposition groups is probably one of the key mechanisms of its success. We need to make sure that we do not provide further grounds for this sort of reaction. Although there is no brave or new world ahead, we must continue to confront ignorance and prejudice, as we seek to avoid more humanitarian disasters.It is now just over thirty years since we published a potential framework for under-standing how survivors of organised state vi-olence react to complex and severe trauma (Turner and Gorst-Unsworth, 1990). We argued that no single psychological process underpins the reactions to this experience, and therefore, there can be no unitary torture syndrome, but rather a series of understandable psychological pathways activated to varying degrees by dif-ferent experiences, leading to diversity of emo-tional response, with implications for recovery and treatment. We also asked family doctors about health needs of refugees (Ramsay and Turner, 1993), and it is wonderful to see how the evidence on treatment options has devel-oped since then, especially in recent years. In this paper, looking back over the last thirty years, in celebration of the anniversary of Torture journal, I will focus on political, legal and forensic aspects of forced migration.

Energy justice and the co-opting of indigenous narratives in U.S. offshore wind development

The possibility of substantial offshore wind energy development in the United States (U.S.) is rapidly advancing. Several offshore wind projects have been proposed proximate to federally-recognized tribal territory. Historically marginalized, indigenous communities have for centuries experienced injustices during the expansion of the U.S. energy system. Few studies have systematically examined the responses of indigenous communities to offshore wind, and little is known about the ways that indigenous concerns are leveraged by non-members to advance a position advocating for or against offshore development. In this study, we examine the discourses that surround indigenous communities through legally mandated decision-making processes for two proposed offshore wind projects in the northeast U.S. We show that narratives surrounding indigenous stakeholders in the offshore wind scoping process can be thematically identified as: 1. religious, cultural, and spiritual value, 2. land and identity, and 3. process and procedures. However, the concerns and perspectives of indigenous communities are mostly brought forth by non-group members, and were found to be leveraged or diminished by non-indigenous individuals pushing anti- or pro-offshore wind sentiment. This reveals the finding that indigenous concerns are being co-opted or sidelined through formal and legal decision-making processes in the U.S. The results indicate that the formal consultation process failed to meet standards of energy justice by inadvertently giving outsize voice to lesser impacted communities. Therefore, our study cautions that energy justice is not achieved solely through “inclusive” processes and decision-makers should be diligent in considering the multi-faceted aspects of justice.

Custody and Care of Children in Spain: Can the Two Rights be Reconciled?

This study aims to analyse the legal decision-making process in the Community of Valencia (Spain) regarding contentious divorces particularly with respect to parental authority (patria potestas), custody and visiting arrangements for children, and the opinions of mothers and fathers on the impact these judicial measures have had on their lives. It also considers the biases in these decisions produced by privileging the rights of the adults over those of the children. Three particular moments are studied: (1) the situation before the break-up, focusing on the invisible gender gap in care; (2) the judicial process, where we observe the impact of hidden gender-based violence and gender stereotypes; and (3) the situation post-decision, showing how any existing violence continues after divorce, by means of parental authority. The concept of ‘motherhood under threat’ is placed at the centre of these issues, where children’s voices are given the least attention.

The ‘Rights’ Way to Democratize the Science–Policy Interface in International Environmental Law? A Reply to Anna-Maria Hubert

Abstract Science is widely regarded as being necessary for effective international environmental decision-making and risk assessment processes. However, it is equally well recognized that uncertainties or the complexity of phenomena under study mean that science may only offer partial knowledge for environmental problems in many circumstances. ‘Democratization’ of science is often proposed as a solution to this dilemma. This may involve incorporating a wider spectrum of expert views and public inputs in risk assessments of new technologies, public participation in science through so-called ‘citizen science’ initiatives or the application of the precautionary principle. This reply reviews these approaches and contrasts them with another tantalizing possibility offered by Anna-Maria Hubert’s article; a human rights-based approach drawing on the ‘oft-neglected’ right to science. It assesses the extent to which a rights-based approach, utilizing the right to science, offers a way to bridge the gap between science and democracy in contested international environmental legal decision-making processes. While it concludes that there are important potential benefits to the application of the right to science in international environmental law, it is far from clear that it provides a panacea given the limitations on the right expressed in the international human rights instruments in which it is found, such as the International Covenant on Economic, Social and Cultural Rights. Instead, the right to science can be seen as placing another thumb on the scales – alongside the precautionary and participatory approaches – in favour of enabling broader, more democratically accountable decision-making in cases of uncertain science and contested environmental risks.