Explainability by design: an experimental analysis of the legal coding process

Behind a set of rules in Deontic Defeasible Logic, there is a mapping process of normative background fragments. This process goes from text to rules and implicitly encompasses an explanation of the coded fragments. In this paper we deliver a methodology for textitlegal coding that starts with a fragment and goes onto a set of Deontic Defeasible Logic rules, involving a set of textitscenarios to test the correctness of the coded fragments. The methodology is illustrated by the coding process of an example text. We then show the results of a series of experiments conducted with humans encoding a variety of normative backgrounds and corresponding cases in which we have measured the efforts made in the coding process, as related to some measurable features. To process these examples, a recently developed technology, Houdini, that allows reasoning in Deontic Defeasible Logic, has been employed. Finally we provide a technique to forecast time required in coding, that depends on factors such as knowledge of the legal domain, knowledge of the coding processes, length of the text, and a measure of textitdepth that refers to the length of the paths of legal references.