/Docs/G/NW-NDA/99/WiP/Method.md
  Source views: Source JSON(ish) on GitHub (VSCode)   Doc views: Document (&k=r00t): Visual Print Technical: OpenParameters Xray
a priori, authority and scientific. Where does law sit in this? Law is largely self-referential - a thing is so because someone wrote that it is so or we have optimism that we can persuade someone that it is so. A jury-based system adds an important, visible part of a priori. Law has hierarchies of authority. Perhaps there is an additional category of history - a track record of a priori (sources of law) and authority (Holmes's "experience"). >
Method: =
On one hand, this whole project is about law borrowing a method from coding - modularity, versioning, running code. The thesis is that if lawyers adopt this method, it will increase efficiency, help markets clear, help make principles clear. =
But "method" can go further. What are the methods of production, transacting, marketing, innovating, knowing? For instance, in production there is the method of standardization - interchangeable parts. In transacting the notion of fixed prices (department stores) and aggregated reputations (Airbnb, Uber, most of e-commerce). In innovating the method of exploring upsides first, before downsides. =
In "knowing" there are (at least) a priori, authority and scientific. Where does law sit in this? Law is largely self-referential - a thing is so because someone wrote that it is so or we have optimism that we can persuade someone that it is so. A jury-based system adds an important, visible part of a priori. Law has hierarchies of authority. Perhaps there is an additional category of history - a track record of a priori (sources of law) and authority (Holmes's "experience"). =
A "scientific" method in law is difficult, even dangerous in its invitation to excess. But it is important and digitization (particularly around a graph of Prose Object) makes it more available. Information can be more easily obtained, results more easily understood. Waze for Law, what pathways do transactions take, how do they work out and how can we optimize them? This is the basis of the EU project - the EU Commission as regulator wants a deeper and finer-grained picture of the EU economy to enable better regulation. That, of course, is also what enterprises want regarding their supply chains and contract relationships. =
The intellectual inspiration for that view is influenced by economics, but the root of is "Pragmatism" - an American philosophical tradition that applies a scientific method to thought, argumentation, and action. A method that is careful about ideas and can be understood to connect law, sociology, and economics with the methods of chemistry and biology. Perhaps this all comes together in statistics and modeling. =
CodersNote = should this be called "scientific" method? There is correctly the law and economics perspective on efficiency, rationality, and law as transactional. But, a scientific method also calls for experiments and systematic process. The perspective of "law as science" also suggests formalism and the strict use of syllogism.