Three Generations of Computerized Systems for Public Administration and Some Implications for Legal Decision‐Making

• Date: 01 July 1990
• DOI: http://doi.org/10.1111/j.1467-9337.1990.tb00059.x
• Author: JON BING
• Published date: 01 July 1990

Ratio

Juris.

Vol.

3

No.

2 July

1990 (219-36)

copyright

0

Jon

Bing

1990

Three Generations

of

Computerized Systems

for

Public Administration and

Some

Implications

for

Legal Decision-Making

JON

BING

Abstract.

The paper is concerned with the introduction

of

computerized systems into

public administration.

As

a basis for the assessment

of

current systems, a brief history

of

such systems

is

offered. Not only are "legal information systems" discussed, but the

access

to

factual information is also dealt with. Three generations

of

systems in public

administration are indicated: The first generation emphasized use of data bases and

computers for calculation, as well as "computer-oriented legislation." The second genera-

tion lifted the forms, which structure the case work, onto the computer screens. And

the third generation is being born from the current efforts to design integrated work

stations, using knowledge based methods. On this background,

a

discussion

of

impact

on legal decision-making is offered, emphasizing the replacement of vague by strict

criteria, and the re-use of pre-collected factual information.

A

final note addresses the

problem

of

reviewing

or

supervising such systems.

1.

Introduction: Decision-Making in Public Administration

In

this

brief paper, some possible aspects

of

computerization in public administra-

tion

will

be discussed. The occasion for examining impacts

on

the decision

process, is the increased emphasis on decision support systems for public

administrations. Such systems have different levels

of

ambition, and interest

often gravitates towards the more ambitious systems, expert systems or other

knowledge based systems. But

to

some degree, all systems which computerized

elements

of

the legal decision-making process have similar potential impacts,

though the potential may be relative to the degree

of

automation and the scope

of

the system.

220

Jon

Bing

In this paper, the systems as such are not subject to discussion, though some

characteristics will be introduced in section

2

below. The interest

is

focussed

on some of the possible impacts on the decision-making process itself, impacts

which may be seen as causes for concern with respect to

legal

policy.'

In accordance with Norwegian law, the decision process within public

administration is seen as

a

legal

decision process. Obviously, public adminis-

tration will also be concerned with non-legal issues:

For

instance, environment

authorities will be assessing the health risk of additives to food, and this assess-

ment is based on a scientific, rather than legal decision process. But for all

agencies handling cases in which a person has applied for-a benefit or an

authorization, or in which control is exercised with respect to individuals, the

decision processes are deemed to be legal. This is typical for large authorities

like the social security or tax administration, and such situations are presumed

for the discussion in this paper.

The qualification

of

such decisions as legal, flows from the Norwegian legal

system and its law of public administration. However, other jurisdictions take

a slightly different view, perhaps most clearly seen with respect to the type of

judgements discussed below in section

3.

Such basic differences in the qualifica-

tion of the iegal decision process may obviouslv also be relevant in the considera-

tions

for

computerization of public administration.

To

make a decision, the officer in the public administration has to avail himself

or herself of information systems.

Of

these there will be two kinds. One is the

legal information

system,

through which information on the applicable legal

rules is communicated. This information system is traditionally paper-based,

and large administrations have designed their own systems. In Norway, such

a system usually will be based on loose-leaf collections, compiling basically three

types of legal sources

-

statutory texts, regulatory texts and circular letters, the

latter category containing advice on the interpretation

of

statutes and regulations,

detailed guidelines for making decisions in typical cases, examples, etc.

The majority of users in public administration are non-lawyers or para-legals.

To

compensate for possible defects in their background knowledge, the circular

letters are often detailed, and give examples in a step-by-step fashion. User

research has disclosed that there are differences in the use of legal source material

by users in public administration compared with lawyers in general: Confronted

with a difficult problem of a legal nature, a lawyer will tend to find a solution

by

extensive

use of legal sources, drawing on a wide variety of sources in addition

to those mentioned above,

for

instance text books, cases and foreign law.

A

user in public administration will, in contrast, take refuge in

intensive

use

of

the same legal sources: Circular letters will be studied in detail and interpreted

The

issues

discussed in this paper have emerged out

of

research at the Norwegian Research

Center

for Computers and Law over the past

15

years. Reports

of

the NRCCL will only be cited when

available in English.

A

general acknowledgement is made to the work of

Dag

Wiese Schartum,

which has provided an empirical and an analytic basis for many of the views rather loosely sketched

in the paper.