← Module 1 · The Policy Problem

Lecture 1.3

Human-Readable vs Machine-Readable Authority

Machine-readability is often treated as a downgrade of legal text. This lecture argues the opposite: the machine-readable form is a second, disciplined expression of the same authority, and the two forms must be governed together.

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Learning objectives

After this lesson, the reader should understand:

  • 01Separate the authority itself from its human and machine expressions.
  • 02Explain why parallel expressions require an explicit precedence rule.
  • 03Describe how ambiguity surfaces when a policy is expressed twice.

Concept framework

Dual expression

  1. 01Institutional authority
  2. 02Human-readable expression (the instrument)
  3. 03Machine-readable expression (the artifact)
  4. 04Declared precedence between them
  5. 05Shared version and issuing authority

Case study

Tax guidance and its calculator

When an official calculator and the published guidance disagree, which one is the authority?

The legal hierarchy may already resolve this in principle[1] — statute and published guidance typically outrank a calculator. But that hierarchy exists in law, not in the calculator itself: nothing in the software represents its own subordination, so a divergence goes uncaught until a person notices, usually during an audit. Under computable authority the relationship is made explicit before release: either the artifact is authoritative and the prose is explanatory, or the prose is authoritative and the artifact is a compiled representation whose divergence is a defect to be corrected under version control[2]. A precedence rule that exists only in law is not yet a precedence rule the machine can enforce. The cost of leaving precedence implicit is not hypothetical. Australia's income-compliance programme — 'Robodebt' — raised debts by averaging annual tax-office income across fortnights[3], a method the law did not authorise; the system ran for years before the divergence was conceded, and a Royal Commission later examined how it persisted. The legal hierarchy was clear throughout. The software simply had no representation of its own subordination to it. The objection runs the other way: making any artifact authoritative hands lawmaking to engineers. It would, if engineers chose the precedence. They should not. Precedence is a decision for the issuing authority, recorded in the artifact itself, and the conservative default — prose governs, the artifact is a compiled representation, divergence is a defect — leaves legal authority exactly where it was. What changes is that the subordination becomes machine-checkable rather than assumed.

Discussion questions

  • Should the artifact ever be the primary legal instrument?
  • What review process should a compiled artifact pass before issue?
  • How is divergence between the two forms detected?
  • Who should decide precedence between the two forms, and where should that decision be recorded so a machine can read it?

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Exercise

Express one rule in both forms.

  1. 01Write the rule as an institution would publish it.
  2. 02Write the same rule as conditions and an outcome.
  3. 03List every difference in meaning between the two.
  4. 04Decide which form governs, and record why.

Footnotes

  1. ^1Frederick Schauer, Playing by the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life (Oxford: Clarendon Press, 1991).
  2. ^2Olly Gotel & Anthony Finkelstein, "An Analysis of the Requirements Traceability Problem," Proceedings of the 1st International Conference on Requirements Engineering (1994): 94–101.
  3. ^3Royal Commission into the Robodebt Scheme, Report (Commonwealth of Australia, July 2023) — how an automated debt-raising method unsupported by law persisted for years.

Further reading

  • Case law on reliance upon official automated tools.