Fidelity in legal coding: applying legal translation frameworks to address interpretive challenges

Figures & data

Table 1. Fidelity model application to legal coding exercises.

	Fidelity to text	Fidelity to legal instrument	Fidelity to function
Objective	Encode the legislation as literally and objectively as possible.	Encode the legislation and maintain legal meaning and intent of law.	Encode relevant materials to achieve the objective (‘skopos’) provided in a client coding brief.
Method	Interpret and encode legislation literally. Maintain objectivity by avoiding subjective interpretation of the text.	Interpret and encode legislation contextually and purposively to align with modern statutory interpretation approaches.	Interpret and encode legislation, and other materials which are appropriate to functionally achieve the assigned coding brief.
Encoding Inputs	Encoding of relevant legislative clauses only.	Encoding all of the legislation contextually including any extrinsic materials relevant in determining meaning and intent.	Encoding relevant parts of legislation and any other internal or external resources deemed necessary or useful in achieving the functional purpose provided in a coding brief.
Isomorphism	Encoded output seeks as much structural and rule-based isomorphism as possible.	Encoded output should utilise isomorphism where possible, but not at the cost of alignment with legal meaning and intent.	Encoded output has a designated level of isomorphism based on coding brief functional requirements.