Abstract:

Lawyers face new challenges with the introduction of algorithms in many aspects of law practice. Law degree students have to be ready to meet these challenges. But this turns out to be a very difficult task. Algorithms are based on mathematics and law students are not very familiar with that subject. Many of them believe mathematics is very difficult and avoid it as much as possible. Therefore, they don’t try to grasp the meaning of even simple formulae as those used in algorithms. In order to overcome this difficulty, we have written an applet students can use to vary the inputs of the algorithm and see how the output changes.

Specifically, we have selected a practical case: the award of public contracts. We have created an interactive applet that allows the student to vary some of the algorithm design parameters and see in real time how the scores awarded to the different economic offers presented by bidders in the same award procedure change. We attend to automatic award criteria, differentiating them from award criteria dependent on a value judgment. In other words, we focus on those offer evaluation parameters that determine which one has the best value for money by means of figures or percentages obtained through the mere application of mathematical formulas. If a list of administrative clauses considers an award criterion as evaluable through the use of automatic formulas, there is no room for technical appreciation, nor can a value judgment be used to weigh the score of the different offers, but with this tool we show how small variations in the choice of evaluation algorithms can alter the final result.

Many law students may be terrified to face a mathematical formula, but they feel at home using applets. They can “play” with the tool we have developed in order to understand how the awarding algorithm works. They no longer feel the threaten of the abstract mathematical language and, once they have overcome that hurdle, they can easily comprehend how the algorithm works.

Keywords:

Administrative Law, public procurement, algorithms.