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Is Every Law for Everyone? Assessing Access to National Legislation through Official Legal Databases around the World

Countries all over the world document their statutory law in official legal databases (OLD), but the extent to which these provide effective access to (statutory) law remains unexamined. Ideally, an OLD should be (i) provided online and free for all without requiring registration or payment, (ii) se...

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Autores principales: Nishikawa-Pacher, Andreas, Hamann, Hanjo
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Oxford University Press 2023
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10243928/
https://www.ncbi.nlm.nih.gov/pubmed/37287901
http://dx.doi.org/10.1093/ojls/gqac032
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author Nishikawa-Pacher, Andreas
Hamann, Hanjo
author_facet Nishikawa-Pacher, Andreas
Hamann, Hanjo
author_sort Nishikawa-Pacher, Andreas
collection PubMed
description Countries all over the world document their statutory law in official legal databases (OLD), but the extent to which these provide effective access to (statutory) law remains unexamined. Ideally, an OLD should be (i) provided online and free for all without requiring registration or payment, (ii) searchable with regard to statutes’ titles, (iii) searchable with regard to the full texts of statutes, (iv) provided in a reusable text-based format and (v) comprehensive in its coverage of at least the laws currently in force. To highlight the nature of OLDs as consumer products, we borrow a term from business operations research and refer to a database fulfilling these basic criteria as a ‘minimum viable’ OLD. We survey 204 states and jurisdictions to assess how far their country-level OLDs adhere to the minimum viability standard. We find that only 48% of them do; 12% of states do not seem to offer any online OLD at all; and a further 40% of countries offer legal databases that lack at least one of the criteria listed above. The quality of legal access is associated with geographical distribution (with Europe faring the best), economic development and a population’s overall Internet usage. The results suggest that comparative legal research faces considerable hurdles when dealing with the Global South; that metadata-enriched digitalisation of legal corpora still remains a desideratum for at least half the world; and that the inaccessibility of law may carry high costs for legal practitioners and the wider public.
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spelling pubmed-102439282023-06-07 Is Every Law for Everyone? Assessing Access to National Legislation through Official Legal Databases around the World Nishikawa-Pacher, Andreas Hamann, Hanjo Oxf J Leg Stud Articles Countries all over the world document their statutory law in official legal databases (OLD), but the extent to which these provide effective access to (statutory) law remains unexamined. Ideally, an OLD should be (i) provided online and free for all without requiring registration or payment, (ii) searchable with regard to statutes’ titles, (iii) searchable with regard to the full texts of statutes, (iv) provided in a reusable text-based format and (v) comprehensive in its coverage of at least the laws currently in force. To highlight the nature of OLDs as consumer products, we borrow a term from business operations research and refer to a database fulfilling these basic criteria as a ‘minimum viable’ OLD. We survey 204 states and jurisdictions to assess how far their country-level OLDs adhere to the minimum viability standard. We find that only 48% of them do; 12% of states do not seem to offer any online OLD at all; and a further 40% of countries offer legal databases that lack at least one of the criteria listed above. The quality of legal access is associated with geographical distribution (with Europe faring the best), economic development and a population’s overall Internet usage. The results suggest that comparative legal research faces considerable hurdles when dealing with the Global South; that metadata-enriched digitalisation of legal corpora still remains a desideratum for at least half the world; and that the inaccessibility of law may carry high costs for legal practitioners and the wider public. Oxford University Press 2023-02-04 /pmc/articles/PMC10243928/ /pubmed/37287901 http://dx.doi.org/10.1093/ojls/gqac032 Text en © The Author(s) 2023. Published by Oxford University Press. https://creativecommons.org/licenses/by/4.0/This is an Open Access article distributed under the terms of the Creative Commons Attribution License (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is properly cited.
spellingShingle Articles
Nishikawa-Pacher, Andreas
Hamann, Hanjo
Is Every Law for Everyone? Assessing Access to National Legislation through Official Legal Databases around the World
title Is Every Law for Everyone? Assessing Access to National Legislation through Official Legal Databases around the World
title_full Is Every Law for Everyone? Assessing Access to National Legislation through Official Legal Databases around the World
title_fullStr Is Every Law for Everyone? Assessing Access to National Legislation through Official Legal Databases around the World
title_full_unstemmed Is Every Law for Everyone? Assessing Access to National Legislation through Official Legal Databases around the World
title_short Is Every Law for Everyone? Assessing Access to National Legislation through Official Legal Databases around the World
title_sort is every law for everyone? assessing access to national legislation through official legal databases around the world
topic Articles
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10243928/
https://www.ncbi.nlm.nih.gov/pubmed/37287901
http://dx.doi.org/10.1093/ojls/gqac032
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