Over-Fitting: | = | |
There is an AI notion of over-fitting. If you can make an infinite number of cuts and seams, you can make a jacket that fits perfectly. But did you understand the body, will the jacket still fit when the customer sits down? | = | |
This fits into a general tension in pattern-recognition between fitting a pattern and noticing principles. Principles, a theory, is still important. A classic example is that earth-bound pattern recognition would not have allowed generalization to a theory of movement of the planets, stars and beyond. A theory of A | = | F/M or E=MC^2 can predict some things better than experience. |
We are likely to find the same notion scattered about in law. Conforming to every circumstance may result in a washboard road rather than an efficient one, cowpaths. | = | |
Consider whether the French principle that court judgments must always be a single (very long) sentence, in a particular structure, reasoning from the Code (statutes) not other court decisions and ending in a decisional verb. Or the US common law judges' abandonment of the effort to define a standard for negligence more specific than "reasonable." Or a lawyer's duty of confidentiality. Going deep into details puts you deep in the weeds. | = | |
Consider as a counterbalance to Anthony J. Casey and Anthony Niblett's "Death of Rules and Standards" https://papers.ssrn.com/sol3/papers.cfm?abstract_id | = | 2693826 |