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JurisPedia, the shared law, is an academic project accessible on the Web and devoted to systems of law as well as legal and political sciences throughout the world. The project aims to offer information about all of the laws of every country in the world. Based on a Wiki, JurisPedia combines the facility of contributions on that platform with an academic control of those insertions a posteriori. This international project is the result of a free collaboration of different research teams and law schools[1].  The different websites are accessible in eight languages (Arabic[2], Chinese, Dutch, English, French, German, Spanish and Portuguese). In its seven years of existence, the project has grown to more than 15000 entries and outlines of articles dealing with legal systems of thirty countries.

In 2007, Hughes-Jehan approached my colleagues and I, then running the Southern African Legal Information Institute, to host the English language version of JurisPedia. We were excited at the opportunity to work with JurisPedia to introduce the concept of crowdsourcing legal knowledge to Anglophone universities, where we hoped the concept would fall on fertile ground amongst students and academics.

Any follower of the Wikipedia story will know that the reality is not as simple.

Wikipedia operates on 5 pillars:

  1. Wikipedia is an online encyclopedia;
  2. Wikipedia is written from a neutral point of view;
  3. Wikipedia is free content that anyone can edit, use, modify, and distribute;
  4. Editors should interact with each other in a respectful and civil manner;
  5. Wikipedia does not have firm rules.

In adopting the Wikimedia software, JurisPedia would appear to follow the same principles. There is a significant difference: JurisPedia is not written from a neutral point of view but from a located point of view. Each jurisdiction has a local perspective on their legal concepts. Jurispedia aims to represent the truth in several languages: the law is as it is in a country, not as it could or should be. As a result, we have the bases of a legal encyclopedia representing over 200 legal systems where each concept is clearly identifiable as a part of a national law.

 

Southern African Perspectives

As for Wikipedia, it is the third pillar which seems to strike terror into the hearts of the legal professionals and academics with whom I have spoken.

When describing the idea to one of the trustees of SAFLII, an acting judge on the bench of the Constitutional Court of South Africa, I was alerted to some difficulties that may lie ahead. She is an exceptional, open-minded and forward-thinking legal mind, but she was cautiously horrified at the prospect of crowdsourced legal knowledge. Her concerns, listed below, were to be echoed by the deans of law schools in South Africa who we approached:

  1. Because there is no formal control over submissions – and therefore their accuracy – JurisPedia cannot be used by students as an official reference tool. Citations linking to JurisPedia will not be accepted in student papers.
  2. Crowdsourced legal information, particularly in common law  jurisdictions, runs a high risk of providing an incorrect interpretation of the law.

The overarching concern appears to be that if legal content is made freely available for editing, use, modification and distribution, that the resulting content will be unreliable at best and just plain wrong at worst.

After 7 years online  though, there is a substantial amount of feedback about contributors to the project. The open nature of this law-wiki, to which every internet user can contribute, did not lead to a massive surge of uncontrolled and uncontrollable content. On the contrary, although the number of articles continues to grow, it remains reasonable. The subject of the project (only the law),  and its academic character has certainly led to a auto-selection of contributors of a higher caliber in legal studies. Many of the contributors are students doing a master or a Ph.D. degree, but they also include doctors, professors and professionals in law, such as lawyers, notaries and judges from more than thirty jurisdictions (and one member of parliament from the Kingdom of Morocco). All these specialists give the project a solid foundation and make it a reality by contributing from time to time as they can. More than 19000 users have subscribed to JurisPedia, and in the past year, more than 1000 people, from Arabic language countries for most part, joined its facebook group.

The JurisPedia content is licensed under a Creative Commons licence that is quite customisable so that the content can be reused for purposes other than commercial purposes. This last point is linked to the authorization of the particular contributor. This is a fair choice in the information society where the digital divide is an important element concerning every international project on the internet: for now, only the most developed jurisdictions have the possibility of using such collective creations in a commercial way. And we take pride in counting contributors from Haiti or Sudan (if you want to use commercially the informations they provide, please, contact them...)

In this context concerns regarding the integrity of the content of JurisPedia become less alarming.

However, I believe that these concerns also represent a misconception of what JurisPedia is and what it can be in the Anglophone, common law, legal context.

Occasionally, it is easier to understand what something is by describing what it is not. JurisPedia is not:

  1. A law report
  2. A law journal
  3. A prescribed legal text book
  4. A law professor
  5. A judge
  6. A lawyer

Let us imagine for a moment that JurisPedia is also not an online portal but a student tutorial group, led by a masters student, an associate or full professor. In the course of the tutorial, a few ideas are put forward, discussed, dissected and amended. Each student (in an ideal world!) leaves the group with a better understanding of a particular point of law which has been discussed. Perhaps the person leading the group has also had occasion to review his or her own position. The group dispurses to research the work further for a more formal submission or interaction.

Now let us imagine that a lay person struggling with a specific legal problem related to what the group has been discussing, is allowed a final, précised description of the law relating to this legal problem prepared by this tutorial group. He or she cannot head into a courtroom armed only with this information, but it may allow them to engage with a legal clinic or lawyer feeling a little less lost.

The thought experiment I describe above describes the read-write meme applied to the legal context. In this meme we encourage an involvement in sharing knowledge amongst legal professionals, academics and students in order to create a body of knowledge about the law accessible by the same as well as by the general public.

The risk of inaccuracies is present in all contexts, printed and online, crowdsourced or expert. A topic for a further blog may be the review of perceived versus actual risk but I would like to use this blog post to propose that the actual risk of inaccuracies can be mitigated by one of two approaches I have considered:

  1. a more active engagement by the legal community and academics in the form of editorial committees; or
  2. through the incorporation of JurisPedia into academic curricula.

My immediate concern with the idea of an editorial committee is that we then begin to morph JurisPedia into what it is not. However, if we can teach students of the law to understand how JurisPedia can be used, and how the concept of self-governance can be applied, then we have created a community of lawyers equipped to deal with a world in which there is some wisdom to the crowds.

The English version of JurisPedia is now hosted by AfricanLII, a project started by some of SAFLII's founding members and now run as s project of the Southern Africa Litigation Centre. As AfricanLII, we want to help build communities around legal content. We believe that encouraging commentary on the law increases the participation of the people for whom the law is intended and therefore helps to shape what the law should be. JurisPedia represents an angle on this: informed submissions by members (or future members) of the legal community. I have described what JurisPedia is not and alluded to what it could be by way of a thought experiment. I propose that we see JurisPedia as an access point. It may be an access point for a student to assist them to understand a point of law that is opaque to them (including references for further reading); or it may be a way for a lay person to understand a point of law which is currently impacting their lives.

JurisPedia represents a mechanism for bringing relevance in today's social context to the law. How it is used should be considered creatively by those who could potentially benefit from the legal information diaspora of which it is a part.

Global Perspectives
From the global perspective, JurisPedia gives information about Japanese and Canadian constitutional law in Arabic, information about Indonesian, Ukranian and Serbian law in French. It also gives information about experiments like the “legislative theatre”, born in Brazil and experimented with by actors in France and several other countries. JurisPedia is an international project that should follow some simple and unifying guidelines. This is why we tried from the beginning to eliminate any geographical centralization (in order to inform about law as it is and not as it should be in a certain state). The observation of law in the world is not necessarily connected to the idea of a universal legal system, and – since we like to highlight evidence  - law is linked to its culture and can be either more or less[3] similar to our own legal system.

Further, one of the latest enhancements to JurisPedia provides access to the law of 80 countries, by using Google Custom Search on a preselection of relevant websites (see family law in Scotland).

This is why shared law becomes not only a program preventing anybody from ignoring a legal system. On the contrary, JurisPedia will gradually make it possible to appreciate or react to what is done elsewhere, not only in the West but also in the North, East and South[4].


[1] Actually: the Institut de Recherche et d'Etudes en Droit de l'Information et de la Communication (Paul Cézanne University, France); the Faculty  of Law of Can Tho (Vietnam); the Faculty of Law at the University of Groningen (Netherlands); the Institute for the Law and Informatics at the Saarland University (Germany); Juris at the Faculty for political and legal sciences at the University of Quebec in Montreal. This list is not definite, the project being absolutely open, especially to research teams and Faculties of Law of southern states.

[2] This arabic version of JurisPedia (جوريسبيديا ) is most of the time managed by Me Mostafa Attiya, member of the Egyptian Bar Association. He made an amazing job and actively participated to build a large arabian legal community on the project.

[3] An animal is often considered to be a movable property. This can be absurd in some societies where the alliance between human and nature is different. History and literature told us often about this kind of astonishment when cultures observe each other (see, concerning criminal law and 900 years ago, Maalouf, Amin. The Crusades Through Arab Eyes, New York: Schocken Books, 1984. (concerning the trials by ordeal during the Frankish period.)

[4] This part was written in Europe…

Hughes-Jehan Vibert is a doctor of Law from the former IRETIJ (Institute of research for the treatment of the legal information, Montpellier University, France) and a research fellow in the Institute of Law and Informatics (IFRI, http://www.rechtsinformatik.de, Germany). He's ICT project manager for the Network for Legislative Cooperation between the Ministries of Justice of the European Union and also working on a report about the diffusion and access to the law for the International Organization of the Francophonie.

Kerry Anderson is a co-founder of and coordinator for the African Legal Information Institute, a project of the Southern Africa Litigation Center. She has worked variously in web development, research and strategy for an advertising agency, IT startups and financial services corporates.She has a BSc in Computer Science from UCT and an MBA from GIBS. Her MBA dissertation was on the impact of Open Innovation on software research development clusters in South Africa.

[Editor's Note: For topic-related VoxPopuLII posts please see: Meritxell Fernández-Barrera, Legal Prosumers: How Can Government Leverage User-Generated Content; Isabelle Moncion and Mariya Badeva-Bright, Reaching Sustainability of Free Access to Law Initiatives; and Isabelle Moncion, Building Sustainable LIIs: Or Free Access to Law as Seen Through the Eyes of a Newbie. VoxPopuLII is edited by Judith Pratt.

Editors-in-Chief are Stephanie Davidson and Christine Kirchberger, to whom queries should be directed. The information above should not be considered legal advice. If you require legal representation, please consult a lawyer.

Farmland outside Matatiele

My father was, as was his father before him, a country lawyer in a remote but very beautiful part of South Africa, in the foothills of the Maluti mountains on the border between South Africa and Lesotho. Prominent in his legal office near the Magistrate's Court were shelves of leather bound volumes of South African statutes, cases, and law reports, which I found impressive, with their gold blocking on red spines. Even back then, South African lawyers were well supplied with legal publications, the production of which dated back to the mid-19th century, when a Dutch immigrant, Jan Carel Juta (who was married to Karl Marx's sister) published the first law reports. This means that the legal profession in South Africa has access to a century and a half of legal records, something of undoubted value, given that many African countries have no legal publications at all.

If it was a court day, one could hear from my father's office the hubbub of conversations in Sotho, Xhosa, English, and Afrikaans floating down the road from outside the Magistrate's Court, where blanket-clad Sotho men down from the mountains had tied up their horses at a hitching post alongside police vans and farmer's trucks.

Rural settlements

This was Wild West country in the 19th century -- and cross-border cattle rustling cases continue to figure large -- but when I grew up, in the wake of the Second World War, it presented itself as a quiet village, in a prosperous farming area surrounded by very large 'trust lands' (in colonial- and apartheid-speak) of traditional Black peasant communities, where the place names were those of the presiding chiefs. This naming was a symptom of the colonial manipulation of the legal system, described by Mahmood Mamdani, to impose an autocratic and patriarchal 'customary' system, a heritage that lingers on in a democratic South Africa. In a legal practice like my father's, there was a startling dichotomy between the well-paid work done for the prosperous white community with its commercial- and property-law needs, and the customary-law and criminal cases that came from the overwhelmingly larger black communities, dependent on legal aid or paying their fees in small cash installments to a clerk in a back office.

Village traders

I was thus aware at a young age of conflicting values at the intersection between western concepts of the law, its formal and Latinate expression and punctilious enforcement, and the needs of rural black communities; the problematic role that language played in the adversarial ritual of criminal court procedure, alien to many participants; and the difficulties inherent in responding to the needs of very large and widely geographically dispersed poor and disenfranchised communities. The stories my father told about his days in court as a defending attorney were often tales of incomprehension compounded by mistranslation.

This rural setting provides a vivid and useful map of divergent needs for access to legal information in the complexity of an African context. In fact this setting throws a stark spotlight on issues of legal access that are easily obscured in the global North. In an urban setting in South Africa, the issues would be different respecting details, but generally the same: the question is how to bridge the gap between the formalities and rituals of colonially-based and imported legal discourse and the ways in which the legal system impacts on the lives of most of the population. In this context, how does one transform into action Nick Holmes's concerns, as expressed in his VoxPopuLII blog, about making the law accessible, i.e., suited to meeting the needs of citizens and lawyers in less privileged practices, in an appropriate language and format? Or, to use Isabel Moncion's distinction between the law and justice, how does one communicate the law in such a way as to reach the people who need the information? And lastly -- of vital importance in an African setting where resources are scarce -- how does one make such a publishing enterprise sustainable?

I do not come to this discussion with a legal training. I would have become a lawyer, no doubt, like the generations of my father's family, but 1950s gender stereotypes got in the way. Instead, I became an academic publisher, and then a consultant and researcher on the potential of digital media in Africa. This trajectory gives a particular coloration to my concerns for access to legal information in Africa: my approach brings together an acknowledgement of the need for professional skills and sustainability with an awareness of the serious limitations of the current publishing regime in providing comprehensive access to legal information.

Law publishing in South Africa

The fact that South Africa has a well-established legal publishing sector sets that nation apart from the rest of Africa. The strength of the legal publishing industry is a reflection not only of South Africa's prosperity, but also of the distinctiveness of the South African legal system, a fusion of Romano-Dutch and British legal traditions. The uniqueness of this system meant that South African law publishing could not rely on purely British sources, and gave local South African legal publishers a market not subject to competition from Britain. However, the nature of this legal system also gave it a tendency, at least in its early stages, towards a particularly impenetrable mode of expression, fueled by the Latinisms of its Roman roots.

Lawyers in practice, the legal departments of big companies, and the courts are relatively well served by the South African legal publishing industry, and the system is self-sustaining. However, there are problems. One is that the industry still clings to print-based business models. The focus is on the readership that can pay and on the topics that are of interest to this readership. The danger resides in seeing this situation as sufficient: in seeing the relatively wealthy market being served as the whole market, and the narrow range of publications produced as satisfying the totality of publication needs. With the South African legal profession still struggling to diversify out of white male dominance, this is an important issue.

As global media have consolidated in the last few decades, South African legal publishers have shown a decreasing willingness to try to find ways of addressing commercially marginal markets. This has meant that, although mainstream legal publishers in South Africa have long produced digital publications, there is reliance on a high-price market model. In other countries one might talk of a failure to address niche markets, but in South Africa it is the mass of the population who are marginalised by this business model. A smaller specialist publisher, Simon Sefton's Siber Ink, seems more aware than the bigger players of the need for accessible language and affordable prices for legal resources, as well as active social media engagement to create debates about key community issues.

Some hope of solutions to the question of access by otherwise marginalised readers lies in the development, on the margins of the publishing industry, of innovative smaller players leveraging digital media to reach new readerships, often using open source models that combine the free and the paid for.

Access to legal information - The role of government

The main efforts being put into access to legal information in South Africa are quite rightly focusing on government-generated information, which, being taxpayer funded, should be in the public domain and is indeed available on the South African Government Information site. Progress is being made by the Southern African Legal Information Institute (SAFLII) in improving the accessibility of primary legal resources, and success would mean the availability of a substantial body of information that would then be available for interpretation and translation.

Beyond this, government practice in ensuring this level of access is patchy. Some departments are good at posting legislation on their Websites, others less so. Government Gazettes, although theoretically accessible to all, can be difficult to find and navigate; and the collation of legislative amendments with the original Acts is also patchy. There is -- at least in theory -- an acceptance of the need in government for an open government approach, but the fact that there is a publishing industry serving the profession and the courts ironically reduces the pressure to achieve this goal.

South Africa Truth and Reconciliation Commission Report

The Truth and Reconciliation Commission

There is a danger, however, when government sees the print-publication profit model as the natural and only way of producing sustainable publications. This was brought home in 1998 with a very important publication: the Report on the Truth and Reconciliation Commission (TRC). This sad and salutary story is worth telling in some detail.  But first, a disclaimer: I was working at the time for the company that distributed the Report, and I was actively involved in securing the bid from publishers, although I was not supportive of the business model that was imposed in the end.

Five volumes of testimony, analysis, and findings from the Commission were produced to high production standards. The compilers saw the archival material that lay behind these volumes as 'the Commission's greatest legacy' and the published volumes as 'a window on this incredible resource, offering a road map to those who wish to travel into our past' (p.2).  The Department of Justice, working on the stereotypical view of how publication works, insisted that production and printing costs had to be fully recovered. The Department set a high price to be charged by the appointed distributor, Juta Law and Academic Publishers.

The second set of problems arose with the digital version of the publication that Juta had offered to develop. The digital division of the legal publisher insisted on high prices. It was this inappropriate digital business model that created a row in the press. Then, a 'pirate' version of the publication was produced by the developer of the TRC Website, who claimed that he had the rights to a free online product. Public opinion was firmly behind the idea that the digital version should be free and that the publisher was profiteering out of South Africa's pain.

In the end, hardly any copies of the Report were sold. The lesson was a hard one for a publishing company: digital content that is seen as part of the national heritage cannot be subjected to high-price commercial strategies.

The full text of the TRC Report is now online on the South African Government Information Website.

The LRC Website

Leaping the divide - Law and land

What is more difficult and diffuse is the route to providing access to really useful information that could help communities engage with the impact of legislation on their lives, whether the issue be housing policy or land tenure legislation, gender rights or press freedom.

If we go back to my initial example of rural communities and their access to the law, there is a dauntingly wide range of issues at stake -- questions of individual agency, gender rights, fair labour practice, property rights and access to land, food sustainability, and a number of human rights issues -- including legislative process as the ANC government implements the Communal Land Rights Act of 2004. In Matatiele, the village in which my father practised, there has been a long-drawn-out dispute about provincial boundaries, with the community challenging the legislative process in the Constitutional Court.

Questions of access to this kind of information are addressed in an ecosystem broader than the conventional publishing industry. NGOs and research units based in universities and national research councils address the wider concerns of community justice; using a variety of business models, these organizations produce a range of publications and work closely with communities. In the case of the Communal Land Rights Act, the Legal Resources Centre (LRC) supported a Constitutional Court challenge and published a book on the Act and its problems. The LRC, like other organisations of its kind, makes booklets, brochures, and reports freely available online. These efforts tend to be donor-funded and, increasingly, donors like the Canadian International Development Research Centre (IDRC) insist that publications be distributed under Creative Commons licenses. In the case of books published by commercial publishers, this means an open access digital version, and a print version for sale.

A major problem in providing commentary on legislative issues for the general public is that of ensuring a lack of bias. In the case of the Communal Land Rights Act -- as well as for the other critical justice issues that it covers -- the LRC explicitly aimed to provide a comprehensive insight into the issues for experts and the general public; the Centre accordingly placed the full text of its submissions to the hearings as well as answering affidavits on a CD-ROM and online. It also produces a range of resources, online text, and audio, targeted at communities.

Similar publication efforts are undertaken by a number of other NGOs and research centres -- such as the Institute for Poverty, Land, and Agrarian Studies (PLAAS) at the University of the Western Cape and the African Centre for Cities at the University of Cape Town -- on a wide range of issues. These organizations' publishing activities tend to be interdisciplinary and the general practice is to place reports and other publications online for free download. There is a growing wave, in scholarly publishing in particular, to seek a redefinition of what constitutes 'proper' publishing; this process has yielded the notion of a continuum between scholarly (and professional) work and the 'translation' of this work into more accessible versions.

A useful strategic exercise would be to tag and aggregate the legal publishing contributions of NGOs and research centres -- as these resources are often difficult to track, or hidden deep in university Websites -- preferably with social networking spaces for discussion and evaluation.

Sustainability models

These civil society publishers are generally dependent on donor funding. What is needed is to recognise them as part of the publishing ecosystem. The question is how to create publishing models that can offer longer-term sustainability that might work beyond a well-resourced country like South Africa. The most promising and sustainable future looks to be in small and innovative digital companies using open source publishing models, offering free content as well as value-added services for sale. Examples are currently mostly to be found in textbook and training models, like the Electric Book Works Health Care series, which offers free content online, with payment for print books, training, and accreditation.

What is clear is that multi-pronged solutions must be found over time to the question of how to bridge the divide in African access to reliable and relevant legal information, and that a promising site for these solutions is the intersection between research and civil society organisations and community activists.

Eve GrayEve Gray is an Honorary Research Associate in the Centre for Educational Technology at the University of Cape Town and an Associate in the IP Law and Policy Research Unit. She is a specialist in scholarly communications in the digital age, working on strategies for leveraging information technologies to grow African voices in an unequal global environment.

Photos: Eve Gray CC BY

VoxPopuLII is edited by Judith Pratt. Editor-in-Chief is Robert Richards, to whom queries should be directed. The statements above are not legal advice or legal representation. If you require legal advice, consult a lawyer. Find a lawyer in the Cornell LII Lawyer Directory.