AI's Influence on Legal Systems

Sep 13, 2024

AI in the Law: Colloquium Summary

Introduction

  • Speaker: Jontus Euless, Director of The Institute for Ethics and AI.
  • Main Topic: The role of AI in law and its implications on the rule of law.
  • Main Speaker: Gerald J. Postema, Professor of Philosophy and Law at UNC Chapel Hill.
    • Author of "Law's Rule: The Nature, Value, and Viability of the Rule of Law" (2019).
    • Focuses on equity, mercy, and the digital revolution's influence on the rule of law.

Keynote Highlights by Gerald J. Postema

  • Disclaimers: The talk was not written by AI; authored chapter was completed prior to widespread chatbot awareness.
  • Concerns on AI in Law:
    • Proposal for Artificial Legal Intelligence (ALI) using AI to replace roles of lawyers and judges.
    • Questions whether to welcome or resist this development.

Core Conception of Rule of Law

  1. Historical Context: The rule of law addresses the arbitrary exercise of power.
  2. Main Features:
    • Protects against arbitrary power through law.
    • Offers accountability and a bond among community members.
  3. Three Core Principles:
    • Sovereignty of Law: Only law rules; those in power must be governed by it.
    • Equality: Equal standing in the eyes of law.
    • Fidelity: Community ethos that promotes accountability.
  4. Moral Values: Includes equality, individual dignity, freedom from domination, and a sense of community.

Characteristics of AI and Computational Intelligence

  • AI generates new information through data analysis but lacks reasoning and moral appreciation.
  • AI does not engage in meaningful legal reasoning; rather, it simulates it.
  • AI's output lacks accountability and understanding of values.

Risks of Replacing Law with AI

  • Loss of Judgment and Deliberation: AI lacks common sense, empathy, and meaningful participation.
  • Impact on the Law: AI replaces human connection, fails to correct systems, and shifts accountability from humans to algorithms.
  • Social Ordering: AI architecture might bypass meaningful social engagement and create a fragmented community.

Final Thoughts on Governance by AI

  • Replacing law with AI could lead to a two-tier system and further marginalize the powerless.
  • The importance of maintaining human involvement in legal processes for moral and ethical accountability.

Comments from Panelists

Dr. Natalie Byram

  • Advocated for democratizing discussion around justice and engaging the public in legal reform.
  • Highlighted existing inequities in the legal system and the limitations of AI in addressing these.

Professor Timothy Endicott

  • Emphasized the importance of process over mere processing.
  • Expressed concern over the potential for AI to undermine democratic values and personal accountability.

Professor Sarah Green

  • Discussed the role of AI in commercial contexts and the potential for AI to provide certainty.
  • Acknowledged the limitations of AI in complex legal environments where human discretion is necessary.

Audience Questions

  1. Architecture of AI Use: Importance of designing AI use in law to align with societal values.
  2. Control of Precedent by AI: Concerns about AI exerting control over legal precedents through its outputs.
  3. Democratic Values: Relationship between the rule of law and democratic principles, and how they can support one another.

Conclusion

  • The discussion emphasized the complexities of integrating AI into legal systems while maintaining ethical standards and accountability.
  • Exploration of the potential for AI to facilitate legal processes, but with caution against losing essential human elements in law.