Big-Data-Based Legal Analytics Programs. What Will Data-Driven Law Look Like?

Abstract

Big-data-based legal analytics programs (LAP) appeared in the US in the early 2010s. They work by collecting large amounts of textual data from public databases, usually on websites, refining this data, linking it to other data, and then analysing and presenting it with special software. In this study, I first present the history of LAPs, their different types, key features, and their content and technology fundamentals. In a highlighted example, I also describe their uses through the ‘Judge Analyzer’ module. I will write later in this section about the upheaval that a judge analyser service has caused in France and the arguments and counterarguments that have been voiced in this debate. In the second part, the study describes the legal uses of LAPs and the related concerns. The study divides the concerns into two groups. The first type of general concern points to the possibility of a limited use of ‘data-based law’ and ‘prediction’ in law. The second type of counterargument focuses on the difference between common law and continental legal systems. Finally, the study briefly describes the future of LAPs.