In- cial sciences frame from the financial d system as complex ) and urge policy- olutions with What is often se initiatives also complex st as it seems ory measures AS properties or regulation, o appreciate ystems yield nrealistic as- ng empirical w, there has exity science. cal studies of searchers are ngly evident cientific sup- ch agenda to gap and ad- ons. t what com- y as hallmark e diverse in- res, agencies, due process, actors (e.g., and judges); regulations, are intercon- tic processes s, and rule- mechanisms ourts and ju- n). These are all em- and nonhierarchical e.g., cross-references ns and judicial opin- ies of federal, state, stitutions) that fre- ganizing properties exercise bounded rationality, have only par- tial information, and are able to exercise only varying degrees of control on overall system behavior (2). Efforts to integrate CAS approaches to regulated systems may flounder if complex adaptive characteristics of the legal system it- self are not taken into account. For example, although natural-resources policy theorists have advocated for a new field of adaptive management based on an understanding that ecosystems are CAS, agencies, courts, and other components of the legal system have reacted in unexpected ways that can frustrate adaptive management (3). Legal systems are locked in perpetual co- evolution with their regulatory targets. Co- adaptive dynamics have driven growth in structure and size, punctuated with stages of nonlinear expansion of the U.S. statutory was a factor in the 2008 financial crisis (5) and the Deepwater Horizon oil spill (6). THEORY, ANALYSIS, APPLICATION Application of informatics and big-data– styled research to law offers many potential benefits for conventional empirical legal studies. The CAS framework is neither an extension of nor a replacement for that ap- proach but a different way of envisioning systems in which agent strategies and sys- tem structures evolve, with outcomes stan- dard game theory and equilibrium analyses would not predict (7). Although well behind CAS research in other social sciences, re- searchers have begun to map CAS concepts onto the legal system (2). Researchers are applying empirical tools of complexity sci- ence to understand how to measure, moni- tor, and manage the legal system as a CAS. U.S. Supreme Court term Percentage of cases contained within giant component Giant component (%) 60 1805 1810 1810 1815 1820 1820 1825 1830 1830 1835 50 40 30 20 10 0 United States Supreme Court citation network (1805–1835) Cases are represented as nodes, citations between cases as edges. Emergence of a giant [connected] component after 1815, a hallmark phenomenon in complex systems, represents a transition from jurisprudential reliance on foreign to domestic law following the War of 1812 (4). We include all cases that had been cited at least once over the Court’s history (1791–2015). For figure code and data, see https://github.com/mjbommar/legal-complexity-science. Nashville, TN 37203, USA. cago-Kent College of Law, he Stanford Center for 05, USA. Email: jb.ruhl@ 31 MARCH 2017 • VOL 355 ISSUE 6332 1377 3/29/17 11:31 AM Published by AAAS on March 30, 2017 http://science.sciencemag.org/ Downloaded from J.B. Ruhl, Daniel Martin Katz & Michael Bommarito, Harnessing Legal Complexity, 355 Science 1377 (2017) Michael Bommarito, Daniel Martin Katz, Jonathan Zelner & James Fowler, Distance Measures for Dynamic Citation Networks 389 Physica A 4201 (2010) BLOCKCHAINLAWCLASS.COM
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