Complex societies and the growth of the law

被引:28
|
作者
Katz, Daniel Martin [1 ,2 ,5 ]
Coupette, Corinna [3 ]
Beckedorf, Janis [4 ]
Hartung, Dirk [2 ,5 ]
机构
[1] Illinois Tech Chicago Kent Coll Law, Chicago, IL 60661 USA
[2] CodeX Stanford Ctr Legal Informat, Stanford, CA 94305 USA
[3] Max Planck Inst Informat, Saarbrucken, Germany
[4] Heidelberg Univ, Fac Law, Heidelberg, Germany
[5] Bucerius Law Sch, Hamburg, Germany
关键词
NETWORK ANALYSIS; LEGAL;
D O I
10.1038/s41598-020-73623-x
中图分类号
O [数理科学和化学]; P [天文学、地球科学]; Q [生物科学]; N [自然科学总论];
学科分类号
07 ; 0710 ; 09 ;
摘要
While many informal factors influence how people interact, modern societies rely upon law as a primary mechanism to formally control human behaviour. How legal rules impact societal development depends on the interplay between two types of actors: the people who create the rules and the people to which the rules potentially apply. We hypothesise that an increasingly diverse and interconnected society might create increasingly diverse and interconnected rules, and assert that legal networks provide a useful lens through which to observe the interaction between law and society. To evaluate these propositions, we present a novel and generalizable model of statutory materials as multidimensional, time-evolving document networks. Applying this model to the federal legislation of the United States and Germany, we find impressive expansion in the size and complexity of laws over the past two and a half decades. We investigate the sources of this development using methods from network science and natural language processing. To allow for cross-country comparisons over time, based on the explicit cross-references between legal rules, we algorithmically reorganise the legislative materials of the United States and Germany into cluster families that reflect legal topics. This reorganisation reveals that the main driver behind the growth of the law in both jurisdictions is the expansion of the welfare state, backed by an expansion of the tax state. Hence, our findings highlight the power of document network analysis for understanding the evolution of law and its relationship with society.
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页数:14
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