Swiss Re Ag · SIX:SREN
Swiss Re — Investor Presentation (2016)
31 slides from Swiss Re's investor presentation, 2016
Slide 1: From Visualization to Legal Design: A Collaborative and Creative Process
From Visualization to Legal Design: A Collaborative and Creative Process PRESENTED BY GERLINDE BERGER- WALLISER AND THOMAS D. BARTON (BASED ON AN ARTICLE CO-AUTHORED BY THE PRESENTERS, AND HELENA HAAPIO)
Slide 2: Outline
Outline I.Introduction: A Brief History of Legal Visualization A. Our Focus: 1. Knowledge visualization rather than data visualization 2. Utility more than advocacy
Slide 3: Outline
Outline B. Our Context: 1. the use of images in business documents and statutes; 2. the process of visualization development, rather than the product, the image itself; and 3. images in conjunction with words, rather than isolation—in “hybrid” documents.
Slide 4: Outline
Outline II.Preventive/Proactive Law as a Bridge to Legal Design A. What is Preventive/Proactive Law (“PPL”)? B. What is Legal Design? C. How does Legal Design complement and expand ideas of “visualization”?
Slide 5: Outline
Outline III. A Framework for Legal Design A. Work toward simplified language B.Adapt the document to audiences with multiple needs C. Support legal functions through the optimal mix of language and graphics D. Find the right images. IV. Conclusion
Slide 6: Visualization: Knowledge
Visualization: Knowledge The digital revolution has prompted a strong, and accelerating, interest in “Visualization” of both data and knowledge. Our application to Contracts is in the realm of knowledge visualization, using images, photos, icons, diagrams, charts, or videos to enhance or supplan
Slide 7: Visualization: Advocacy
Visualization: Advocacy Visualization can aid advocacy by adding emotional impact to an argument or request. Such power, however, is often met with caution inside a highly rational legal tradition. • Even inside formal adversarial settings, however, visualization may helpfully aid the portrayal of i
Slide 8: Visualization: Utility
Visualization: Utility In examining the use of visualization to simplify contracts, however, we focus more on utility rather than advocacy. That is because the basic function of contracts is not to persuade, but instead to facilitate economic transactions and business relationships.
Slide 9: Visualization: “Product”
Visualization: “Product” Hence we focus on contracts and other business documents, in two connected ways: 1. the “product,” which is the language and images as a vehicle for communication: Is the contract clear to all who will participate in the transaction? Is the contract effective by being
Slide 10: Visualization: “Process”
Visualization: “Process” 2. the “process” by which the contract is created, communicated, and implemented: Does it advance the immediate transaction? Does it contribute to the effective governance of the companies that are party to the contract? Does it help to build relationships between th
Slide 11: Hybrid Documents: Words + Images
Hybrid Documents: Word + Images We also assume that contracts will continue Words to rely upon words. + But documents can usefully be hybrids, Images containing images to supplement meaning.
Slide 12: II. Preventive/Proactive Law (“PPL”)
II. Preventive/Proactive Law (“PPL”) The methods and values of Preventive and Proactive Law (“PPL”) reach back to the founding of the preventive law movement in the 1950’s. The term “Proactive Law” emerged in the 1990’s in Finland, and was quickly adopted in Europe, to stress positive goals and
Slide 13: II. PPL
II. PPL Focus away from Focus toward the past the future minimizing cost eliminating causes winning in court preventing litigation lawyers as fighters lawyers as advisors, planners and problem- solvers Source: Helena Haapio: Next Generation Contracts 2013, p. 39.
Slide 14: II. PPL
II. PPL Focus not just on Focus also on rules, legal tools: helping goals, managerial tools: the parties to comply with enabling the parties to the rules reach their objectives minimizing risks, problems, maximizing opportunities, disputes, losses desired outcomes, benefits preventing caus
Slide 15: II. PPL
II. PPL When PPL thinking and methods are applied to visualization, two goals are paramount: make legal information intellectually accessible to its intended users; and functional toward meeting their needs as well as those of the legal system.
Slide 16: II. PPL
II. PPL Where these goals are met, contracts can: become stronger generators of value rather than of higher transaction costs; facilitate better communication within and between organizations; help businesses reach their goals; and offer possibilities for innovation.
Slide 17: III. What is Legal Design?
III. What is Legal Design? PPL-guided legal design builds on the work of: Information designers like Rob Waller and Stefania Passera; Legal designers like Colette Brunschwig and Margaret Hagan; Plus contracts and legal thinkers like Helena Haapio and Tobias Mahler
Slide 18: III. What is Legal Design?
III. What is Legal Design? “Design = the way something has been made; the way the parts of something (such as a building, machine, book, etc.) are formed and arranged; for a particular use, effect, etc.” (MERRIAM- WEBSTER ONLINE DICTIONARY) Note the emphasis on the process, rather than the
Slide 19: III. What is Legal Design?
III. What is Legal Design? Legal Design: evolution in the analysis of visualization, process by which visualization is Visualization created becomes as important as the image itself intended to make legal PPL communication easier, more user- friendly and more effective, Legal Design transf
Slide 20: IV. Framework for Legal Design
IV. Framework for Legal Design LEGAL DESIGN choose effective, support efficient, and adapt to legal attractive audiences with functions images multiple through optimal mix of work towards needs language and simplified graphics language Preliminary: observe user needs
Slide 21: IV. Framework for Legal Design
IV. Framework for Legal Design Preliminary Step: Observe the client’s environment and needs Spend time with the users of a good or service
Slide 22: IV. Framework for Legal Design
IV. Framework for Legal Design Step 1 : Work toward simplified language Example: UK Good Law Initiative
Slide 23: IV. Framework for Legal Design
IV. Framework for Legal Design • Step 2: Adapt to Audiences with Multiple Needs • Example 1: • Layering Creative Commons Licensing Agreements (Image released under a Creative Commons Attribution 4.0 International license (CC BY 4.0))
Slide 24: IV. Framework for Legal Design
IV. Framework for Legal Design • Step 2: Adapt to Audiences with Multiple Needs • Example 2: • Graphic Organizers • Swimlanes depicting parties’ obligations in a public procurement contract. © 2013 Aalto University / Kuntaliitto ry. Design: Stefania Passera.
Slide 25: IV. Framework for Legal Design
IV. Framework for Legal Design Step 3: Support Legal Function Through Optimal Mix Of Language And Graphics Example 1: The Stop Sign Vienna Convention road sign B2a.svg, WIKIMEDIA COMMONS
Slide 26: IV. Framework for Legal Design
IV. Framework for Legal Design Step 3: Support Legal Function Through Optimal Mix Of Language And Graphics EXAMPLE 2: Stefania Passera’s Images to Accompany Contract Language (© Aalto University, Stefania Passera, 2012)
Slide 27: IV. Framework for Legal Design
IV. Framework for Legal Design • Step 4: Choose Effective, Efficient, and Attractive Images • Example: • New York City Street Vendor Regulations • (used with permission of CUP)
Slide 28: V. Conclusions
V. Conclusions Emerging technologies have made visualized legal design accessible to almost any lawyer or business person. These new tools should be developed to enhance the making and functioning of contracts. That is our aim for legal design.
Slide 29: V. Conclusions
V. Conclusions Legal design combines PPL--a mentality and set of values about how law should function--with principles of information design. The result are contracts that are not simply new in format—more beautiful or eye- catching, although they certainly will also be that. Visualized contract
Slide 30: V. Conclusions
V. Conclusions Hence, contracts employing legal design will be: well planned; financially and legally sound; strongly and broadly used; easily implemented; facilitate business goals; and help build lasting commercial relationships.
Slide 31: Basic Copyright Notice & Disclaimer
Basic Copyright Notice & Disclaimer ©2016 This presentation is copyright protected. All rights reserved. You may download or print out a hard copy for your private or internal use. You are not permitted to create any modifications or derivatives of this presentation without the prior written permiss