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Mathematical language can leverage legal drafting - Prof. P. W. Epasinghe

The language of Mathematics can be effectively adapted to suit the requirements of legislative drafting, says ICTA Chairman and Senior Presidential Advisor Prof. P. W. Epasinghe.

Himself one of the brightest Mathematicians of Asia, the professor made the above ground-breaking statement at the Commonwealth Association of Legislative Counsel 2011 Asian Region Conference held in Colombo recently.

“I have had the experience of drafting many regulations and bye-laws at the University where I retired from.

They have stood the test of time in a University environment with a very active Faculty of Law. The language of Mathematics is generally well known for clarity and the resulting lack of ambiguity, precision and brevity.

Mathematicians are trained to carefully look for all the possibilities, which can arise in a given situation, deal with each of them and provide for their resolution. The language of Mathematics, I believe, can be effectively adapted to suit the requirements of legislative drafting,” he pointed out.

Addressing this conference themed “Drafting in the Asian Region: Challenges and Possibilities”, organised by the Legal Draftsman Department of Sri Lanka, the professor said at the outset: “I find the theme to be very appropriate at a time when Sri Lanka has emerged into an era where we are moving rapidly towards a knowledge economy, based on the knowledge hub vision articulated in the “Mahinda Chinthana - ‘Vision for the Future’”.

Explaining how serious barriers to efficient Government administration were removed by legislation, the ICTA Chairman said: “In the deployment and implementation of ICT applications across Government to improve the efficiency in the delivery of Government services, significant barriers were perceived in terms of legal recognition of such activities. To overcome this barrier, Sri Lanka enacted dynamic legislation as manifested in the Electronic Transactions Act No.19 of 2006”.

“In doing so, the legislative draftsman was successful in adopting the features of the ‘UN Conference on the Use of Electronic Communications in International Contracts’.

This has ensured that Sri Lanka’s legislation on Electronic Commerce is at the forefront in terms of international norms and best practices, making it easy for us to ratify this conference,” he added.

The Professor expressed ICTA’s readiness to support the members of the legal profession to adopt ICT to leverage delivery of service to the public: “In the case of information technology, we at ICTA, stand ready to support the legislative draftsmen and the luminaries in the judicial and legal sectors to adopt ICT as a tool so as to give efficiency and better the quality of the delivery of services, in accordance with the development policy framework adopted by the Government”.

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