Pattern languages and institutional facts

functions and coherences in the law

Kenneth Ehrenberg

pp. 155-166

in: Michał Araszkiewicz, Jaromír Šavelka (eds), Coherence, Berlin, Springer, 2013

Abstract

I explore the notion of Pattern Languages, originally developed by architect Christopher Alexander and embraced in Object-Oriented computer programming, as a model of coherence for use in conjunction with an understanding of law informed by John Searle's theory of institutional facts. Under Searle's theory, the law can be understood both as an institution itself governed by foundational documents and practices, and as a method for creating new institutions through the codification of the assignment of functions, usually of the form "X counts as Y in circumstances C." Pattern Languages, which are schematic templates for problem-solving, can then be developed within a legal system as a coherence constraint on the assignment of functions such that codified legal solutions do not conflict with other legal solutions to related or distinct problems. If it is possible to reduce legal enactments to such a schema, the likely result will be a greater ease of the representation of legal rules by computer systems, while the pattern language encourages progress toward an ideal of coherence.

Cited authors

Searle John

Alexander Christopher