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Cited Today, Gone Tomorrow: The Problem of Disappearing Internet Sources Cited in Supreme Court Decisions/ by Hilton A. Lazo

By:

Lazo, Hilton A

Material type: Article

ArticleSeries: Philippine Law Journal ; Vol.91, No.1(February 2018) | ; Vol.91, No.1(February 2018)Publication details: Diliman, Quezon City, Philippines: University of the Philippines College of LawDescription: 21 pagesISSN:

0031-7721

Subject(s):

DDC classification:

BPer. 340 P538

Summary: Citations occupy a central role in judicial adjudication especially in a legal system that adheres to stare decisis, such as the Philippine legal system. Citations connect arguments to authorities that support them. They aid readers in locating primary and secondary legal sources. This significance accorded to citations in legal argumentation requires that the sources they point to remain perpetually available. When a source disappears, readers will never be able to examine its relevance, veracity and quality. This problem of disappearing sources particularly afflicts cited online content. Unlike print sporces, internet content suffers from volatility. What is worrisome is that over the years, the Supreme Court has increasingly cited internet sources in its decisions. This empirical study documents how pervasive the problem is. The results show that the majority of internet sources cited in decisions promulgated from 1997 to 2012 have all disappeared. In addition, they reveal that the older the citations are, the more probable it is that the internet sources they point to have disappeared. To address this problem, several archiving options are presented, along with their advantages and disadvantages.

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Item type	Home library	Call number	Status	Date due	Barcode
Bansalan Periodicals	UM Bansalan College LIC	BPer. 340 P538 (Browse shelf(Opens below))	Not For Loan

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Citations occupy a central role in judicial adjudication especially in a legal system that adheres to stare decisis, such as the Philippine legal system. Citations connect arguments to authorities that support them. They aid readers in locating primary and secondary legal sources. This significance accorded to citations in legal argumentation requires that the sources they point to remain perpetually available. When a source disappears, readers will never be able to examine its relevance, veracity and quality. This problem of disappearing sources particularly afflicts cited online content. Unlike print sporces, internet content suffers from volatility. What is worrisome is that over the years, the Supreme Court has increasingly cited internet sources in its decisions. This empirical study documents how pervasive the problem is. The results show that the majority of internet sources cited in decisions promulgated from 1997 to 2012 have all disappeared. In addition, they reveal that the older the citations are, the more probable it is that the internet sources they point to have disappeared. To address this problem, several archiving options are presented, along with their advantages and disadvantages.

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