30 de abril de 2018
Why is Big Data so important for the evidence in the judicial and arbitral proceedings?
Por: Daniel Peña Valenzuela
The facts are fundamental to the law. Proof of the facts is decisive for success or failure in a process. Whoever does not prove the facts has in his hands the possibility of determining the truth.
The Big Data as data analytics is the result of the datafication of the world. The data and its analysis are replacing theories. The theories about the facts constitute the daily work of millions of lawyers around the world who confer theories on how to interpret the facts or how to weaken the interpretation that other lawyers have about the same facts.
The evidence is separated from the evidence, which is why there are various means of proof so that, by interpreting it, we can get as close as possible to the truth.
For example, the location or the site in which certain events occurred is subject to interpretation that depends on the spatial situation of the persons or things related to the facts.
In the case of Big Data, an analysis based on prospective, that is, in the construction of future scenarios allows to establish the following:
1. Verifiable and accurate facts about the facts become the rule and not the exception.
2. Lawyers will increasingly have less space to interpret the facts as these are objective and verifiable.
3. With the Internet of Things, objects become the main source of evidence without requiring rhetorical argument about circumstances of time, manner and place.
4. Causality, and in general, speculation about the relationship between cause and effect can be replaced by precise information about the precise consequences of a given act or behavior.
5. The probability as a factor of calculations of possibilities regarding the occurrence or not of a certain fact can be replaced by a scientific analysis of the information from diverse sources that in principle can be apparently contradictory.
6. The full information about the facts can weaken the capacity of interpretation of the law with respect to the world as such.
7. The geolocation eliminates the discussion about the geography of people and goods.
8. The idea of limiting the facts of a procedure to relevant facts can be replaced in the Big Data era because all the related facts are relevant
9. The correlation between the facts should be enough criterion to determine the procedural truth.
10. The power of big data in the legal field will be even more noticeable if it joins the advances of Artificial Intelligence and machine learning