Law Smells: Defining and Detecting Problematic Patterns in Legal Drafting
Not on the map. Why?
Abstract (arXiv)
Building on the computer science concept of code smells, we initiate the study of law smells, i.e., patterns in legal texts that pose threats to the comprehensibility and maintainability of the law. With five intuitive law smells as running examples - namely, duplicated phrase, long element, large reference tree, ambiguous syntax, and natural language obsession -, we develop a comprehensive law smell taxonomy. This taxonomy classifies law smells by when they can be detected, which aspects of law they relate to, and how they can be discovered. We introduce text-based and graph-based methods to identify instances of law smells, confirming their utility in practice using the United States Code as a test case. Our work demonstrates how ideas from software engineering can be leveraged to assess and improve the quality of legal code, thus drawing attention to an understudied area in the intersection of law and computer science and highlighting the potential of computational legal drafting.
Key facts. No citing papers in the map yet (data through 7 Oct 2026). Builds on 5 of its 53 references that are in the map. First posted on arXiv 15 Oct 2021.
Builds on
5 of 53 references.
References · 5
- 2021Measuring Law Over Time: A Network Analytical Framework with an Application to Statutes and Regulations in the United States and Germanycited by 17
- 2020Complex Societies and the Growth of the Lawcited by 12
- 2014Coding Together at Scale: GitHub as a Collaborative Social Networkcited by 5
- 2021Simplify Your Law: Using Information Theory to Deduplicate Legal Documentscited by 2
- 2020Did JHotDraw Respect the Law of Good Style?: A deep dive into the nature of false positives of bad code smellscited by 1
Built on by
Not cited yet.