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Computerized Legal Databases: An International Survey

Published online by Cambridge University Press:  28 February 2019

Igor I. Kavass  and
Howard A. Hood
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Extract

All professions are dependent to some degree on their corpus of literature. For several reasons this dependency is especially acute for the legal profession. First, a large part of legal literature is “authoritative” in a sense different from the literature of, say, medicine or history. Legal authority is binding, backed by the coercive apparatus of the state. One is compelled to be familiar with legal authority, for, in the ancient phrase, ignorance of the law is no excuse. Second, the very principles of Western legal systems require that governmental bodies operate according to law. Courts must resolve their cases in accordance with the law. This jurisprudential theorem imposes upon lawyers and judges the duty of identifying and examining all relevant legal authority. Failure to exercise due care in carrying out this duty may render the attorney liable to a suit for malpractice.

Type
Articles
Information
International Journal of Legal Information , Volume 11 , Issue 3-4 , August 1983 , pp. 115 - 129
Copyright
Copyright © 1983 by International Association of Law Libraries 

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References

1. “The lawyer is more dependent upon information than any other professional man; certainly he is more dependent upon information contained in printed books.” Colin Tapper, “World Cooperation in the Mechanisation of Legal Information Retrieval,” 9 Jurimetrics Journal 1 at 2 (1968). Tapper also points out that because of stare decisis, legal materials hundreds of years old continue to be relevant to modern questions.Google Scholar

2. An early 19th century legal bibliographer referred to “the ponderous load which the shelves of every Lawyer's library are doomed to bear… .” Richard Whalley Bridgman, A Short View of Legal Bibliography … (London: W. Reed, 1807), IX. Also see W. S. Holdworth, Sources and Literature of English Law (Oxford: Clarendon Press, 1952); Then and Now: 1799-1974, Commemorating 175 Years of Law Bookselling and Publishing (London: Sweet & Maxwell, 1974), 121-48.Google Scholar

3. Allen, Laymen E. et al., Automatic Retrieval of Legal Literature: Why and How (New Haven, Conn.: Walter E. Meyer Research Institute of Law, 1962), 1-22; William R. Roalfe, The Libraries of the Legal Profession (St. Paul, Minn.: West Publishing Co., 1953), 9-22; E. Prince, “Law Books Unlimited,” 48 American Bar Association journal 134 (1960).Google Scholar

4. A prominent American law librarian has warned, however, against the danger of “computer over-sell”. No device will eliminate all problems of law libraries. Morris L. Cohen, “Computerizing Legal Research,” 14 Jurimetrics Journal 3 (1973).Google Scholar

5. Bing, Jon and Harvold, Trygve, Legal Decisions and Information Systems (Oslo: Universitetsforlaget, 1977), 59-68, hereinafter cited as “Bing”; John F. Horty, “The Lawyer's Viewpoint,” in Law and Electronics: The Challenge of a New Era, ed. Edgar A. Jones, Jr. (Albany, N.Y.: Matthew Bender & Co., 1962), 91-104. A frequently cited seminal article in the field of legal computerization is Lee Loevinger, “Jurimetrics, the Next Step Forward, “33 Minnesota Law Review 455 (1949). The term “jurimetrics”, made famous by Loevinger, has become a part of the literature of the subject. See, for example, the Jurimetrics Journal published by the Electronic Data Retrieval Committee of the American Bar Association. This magazine began life in 1959 as M.U.L.L. (Modern Uses of Logic in Law).Google Scholar

1. Legal computerization was frequently discussed at international conferences of the 1960's and 1970's. See, for example, “Research and Legal Information by Computer,” in Proceedings, World Peace Through Law, The Geneva World Conference (1967) (Geneva: World Peace Through Law Center, 1969), 205-233; “Seminar on Law, the Computer and Government,” in Proceedings, Bangkok World Conference on World Peace Through Law (1969) (Geneva: World Peace Through Law Center, 1971), 306-363; Law and Computer Technology (Washington, D.C.: World Peace Through Law Center, 1972) (separately published part.of Proceedings, Belgrade World Conference on World Peace Through Law, 1971); Costantino Ciampi, “A Comparative Analysis of the Different Electronic Systems for the Storage and Processing of Legal Information in Italy,” Italian National Reports to the IXth International Congress of Comparative Law, Tehran, 1974 (Milan: Giuffré Editore, 1974), 693–740. For a good bibliography of early writings on computerization in law, see Bing, 260-268.Google Scholar

6. “Special Issue: LITE, Legal Information thru Electronics,” 8 U.S. Air Force JAG Law Review no. 6 (Nov.-Dec. 1966); Bing, 64-67, 74-76; Carl S. Mallow, Jr., “LITE: Legal Information Through Electronics,” in Automated Law Research, ed. Ronald A. May (Chicago: American Bar Association, 1973), 97-102.Google Scholar

7. Croydon, Stanley O. Jr., “JURIS: A Tool for Legal Research,” in Legal and Legislative Information Processing, ed. Beth Krevitt Eres (Westport, Conn.: Greenwood Press, 1980), 163-72; B. W. Basheer, “JURIS: Justice Retrieval and Inquiry System,” in May, supra, 55-65.Google Scholar

8. Harrison, Nicolas, “LEXIS: A Radical Approach to Computer-Assisted Legal Research,” 15 Program 120 (July 1981); Frank J. Troy, “Ohio Bar Automated Research—A Practical System of Computerized Legal Research,” 10 Jurimetrics Journal 62 (1969); Jerome S. Rubin, “LEXIS: An Automated Research System,” in Automated Law Research, ed. Ronald A. May (Chicago: American Bar Association, 1973), 35-42; Robert J. Asman, “OBAR: Ohio State Bar Automated Research,” ibid., 43-47.Google Scholar

9. Herman, Theodor, “WESTLAW: Computerized Legal Research Program of West Publishing Company,” in Legal and Legislative Information Processing, ed. Beth Krevitt Eres (Westport, Conn.: Greenwood Press, 1980), 157-61; James A. Sprowl, “WESTLAW vs. LEXIS: Computer-Assisted Legal Research Comes of Age,” 15 Program 132 (July 1981).Google Scholar

10. For an evaluation of computer-assisted legal research systems suggesting the superiority of LEXIS over WESTLAW, see Legal Services Corporation, Quality Improvement Project, Final Evaluation Report, Computer Assisted Legal Research and Technological Improvements (Washington, D.C.: Legal Services Corporation, 1981). Also see James A. Sprowl, “WESTLAW vs LEXIS: Computer-Assisted Legal Research Comes of Age,” 15 Program 132 (July 1981).Google Scholar

11. Bing, 79.Google Scholar

12. “Euronet DIANE Provides Access to Over 300 Data banks,” Europe, no. 232:7 (July-Aug. 1982); Euronet DIANE, Databases in Europe (Luxembourg: Commission of the European Communities, 1982).Google Scholar

13. Bing, 79-80; Gillian Bull, “A Brief Survey of Developments in Computerised Legal Information Retrieval,” 15 Program 109, at 115-16, (July 1981); Werner R. Svoboda, ed., Users of Legal Information Systems in Europe: A Case Study (Munich: J. Schweitzer Verlag, 1981), 15. The latter work, hereinafter cited as “Svoboda”, was sponsored by the Commission of the European Communities. This survey is loaded with information not readily available elsewhere. One may infer from the statistics printed here (gathered in 1977) that the impact of most of the surveyed databases must be small. This conclusion is suggested, for example, by the number of inquiries submitted to the various services. For six of them the number of inquiries per month was less than ten. Four others had fewer than 100 per month. Only three of these systems seemed to be handling a really substantial number of searches. These were ITALGIURE (18,000 per month). ECDOC (8,000 per month), and CRIDON-Lyon (3190 per month). As of 1977, at least, it seems that with only a few exceptions, European legal databases had not become major information sources. One must keep in mind, however, that the field of computerization and databases is subject to constant and mercurial change. And, at least in the United States, sources for the study of legal databases around the world tend to be sketchy and outdated at best. One hopes, therefore, that conferences such as the present one may lead to the systematic collection and exchange of information about the emerging electronic law library.Google Scholar

14. See Svoboda, Table 13, 40–41.Google Scholar

15. Bull, Gillian, “A Brief Survey of Developments in Computerized Legal Information Retrieval,” 15 Program 109 (July 1981); Werner Robert Svoboda, “Computer-Based Legal Retrieval Systems in the Federal Republic of Germany,” 15 Program 172 (July 1981); Cor Verschoor, “Kluwer's Legal Database,” 15 Program 163 (July 1981); Svoboda, 216-17, 225-26, 262-64.Google Scholar

16. See Svoboda, Table 7, 22–24.Google Scholar

17. Svoboda, 34-37, 215, 236, 241–432.Google Scholar

18. “Computerized Legal Research in Europe,” 9 International Journal of Law Libraries 113 (June 1981); “Computerized Legal Information,” 10 International Journal of Legal Information 184-85 (Aug. 1982).Google Scholar

19. Houghton, Bernard, “Legal data Online,” 12 Law Librarian 31 (Aug. 1981); “Eurolex and Westlaw: A Joint Service,” 10 International Journal of Legal Information 241 (Oct. 1982); Norman Nunn-Price, “The EUROLEX Experience,” 15 Program 142 (July 1981) Newscast (EUROLEX Newsletter) 3:2 (March 1982).Google Scholar

20. 7 Canadian Association of Law Libraries Newsletter 26-28 (Jan.-Feb. 1982); 79-80 (March-April 1982); 91 (May-Aug. 1982); 141-45 (Sept.-Oct. 1982); Ejan Mackaay, “User Preferences, Experiments and the Question of the Initiative in Automated Law Retrieval in Canada,” 8 Revue de Droit (Sherbrooke) 97 (1977); Hugh Lawford, “QUIC/LAW: Project of Queen's University,” in Automated Law Research (Chicago: American Bar Association, 1973), 67-93; Gillian Bull, “A Brief Survey of Developments in Computerised Legal Information Retrieval,” 15 Program 109 (July 1981).Google Scholar

21. Nosworthy, Ian, “Recent Developments in Legal Information Retrieval in Australia,” Australian Law Librarians’ Group Newsletter, no. 51:6 at 10-11 (Sept. 1982); EUROLEX Newscast 6:4 (Summer 1982); “Computerized Legal Research in Australia,” 9 International Journal of Law Libraries 112-13 (June 1981). One gathers that some Australians and Canadians have resisted the introduction of LEXIS and would prefer that an indigenous system prevail.Google Scholar

22. Europe, no. 232: 7 (July-Aug. 1982); Euronet DIANE Directory, 1981. On November 8, 1982, “the Commission decided to give concrete backing to exporting European information services (Euronet-Diane) to North America.” 15 Bulletin of the European Communities no. 11:19 (1982).Google Scholar

23. Dunn, John M., “Babel-matics: The Translation Business Enters the High-Tech Age,” Europe no. 234:28 (Nov.-Dec. 1982). The Commission also plans to produce a seven language thesaurus called “Eurovoc” “to facilitate exchanges of information between the libraries and documentation centres of the various Community bodies.” 15 Bulletin of the European Communities no. 7/8:19 (1982).Google Scholar

24. See, for example, predictions in F. W. Lancaster, Libraries and Librarians in an Age of Electronics (Arlington, Va.: Information Resources Press, 1982), 59-62, 130-32.Google Scholar

25. “Only a few years ago, dramatic claims were being made about the computer as the solution to the problems created for legal research by the explosive growth in the volume of case and statutory law … But today, advocates of computerized legal research systems have a more subdued approach. Now one seldom hears that the computer will completely change the nature of the legal profession or even that it will replace books. Certainly the vast majority of American lawyers do not use the computerized legal research systems in their practice.” Joseph L. Ebersole, “The Emergence of Computer-Assisted Research as an Established Legal Tool, in Legal and Legislative Information Processing (Westport, Conn.: Greenwood Press, 1980), 129-47 at 129. The use of online systems may actually result in greater demand for print sources. “Legal Data Bases: A Statement from the Executive Committee,” 13 Law Librarian 12 (April 1982).Google Scholar

26. In England it appears that high costs are slowing the adoption of computerized systems in law schools. Only a few academic institutions have LEXIS or EUROLEX. Susan Broad, “Computers in Legal Education and Beyond: Further Thoughts,” 13 Law Librarian 25-26 (Aug. 1982).Google Scholar