Artificial Intelligence – Implications for the Legal Profession, Adversarial Process and Rule of Law

2020 ◽  
Author(s):  
Adrian A. S. Zuckerman
Keyword(s):  
Artificial Intelligence ◽  
Rule Of Law ◽  
Legal Profession

scholarly journals Constitutional democracy and technology in the age of artificial intelligence

2018 ◽  
Vol 376 (2133) ◽  
pp. 20180089 ◽  
Author(s):  
Paul Nemitz
Keyword(s):  
Artificial Intelligence ◽  
Rule Of Law ◽  
New Technologies ◽  
New Technology ◽  
Constitutional Democracy ◽  
Theme Issue ◽  
Internet Economy ◽  
Core Elements ◽  
Technological Impact ◽  
The Relationship

Given the foreseeable pervasiveness of artificial intelligence (AI) in modern societies, it is legitimate and necessary to ask the question how this new technology must be shaped to support the maintenance and strengthening of constitutional democracy. This paper first describes the four core elements of today's digital power concentration, which need to be seen in cumulation and which, seen together, are both a threat to democracy and to functioning markets. It then recalls the experience with the lawless Internet and the relationship between technology and the law as it has developed in the Internet economy and the experience with GDPR before it moves on to the key question for AI in democracy, namely which of the challenges of AI can be safely and with good conscience left to ethics, and which challenges of AI need to be addressed by rules which are enforceable and encompass the legitimacy of democratic process, thus laws. The paper closes with a call for a new culture of incorporating the principles of democracy, rule of law and human rights by design in AI and a three-level technological impact assessment for new technologies like AI as a practical way forward for this purpose. This article is part of a theme issue ‘Governing artificial intelligence: ethical, legal, and technical opportunities and challenges’.

scholarly journals ARTIFICIAL INTELLIGENCE IN THE LEGAL PROFESSION: A TOOL FOR DEVELOPMENT OR A THREAT TO EXISTENCE?

2019 ◽  
Vol 8 (29) ◽  
Author(s):  
O.I Miroshnichenko ◽  
◽  
N.I Safin ◽  
M.S Khohlova ◽  
◽  
...  
Keyword(s):  
Artificial Intelligence ◽  
Legal Profession

9. Delivering legal services: practitioners, adjudicators, and legal scholars

2018 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Artificial Intelligence ◽  
Significant Role ◽  
Legal System ◽  
Private Colleges ◽  
Legal Education ◽  
Legal Profession ◽  
Legal Services ◽  
Legal Practice ◽  
Legal Advice ◽  
The Law

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing. It notes new forms of legal practice. It also considers how use of artificial intelligence may change the ways in which legal services are delivered. It reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system. It reflects on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.

Lady Justice or the golden calf? The “China factor” in Hong Kong’s legal system

2019 ◽  
Vol 15 (2) ◽  
pp. 178-196
Author(s):  
Yan-Ho Lai
Keyword(s):  
Hong Kong ◽  
Rule Of Law ◽  
Legal System ◽  
Legal Profession ◽  
Content Type ◽  
The Rule Of Law ◽  
Joint Declaration ◽  
Basic Law ◽  
Twentieth Anniversary ◽  
Political Economic

Purpose Despite the preservation of “One Country, Two Systems” for 50 years under the Sino-British Joint Declaration and Basic Law, changes are palpable due to the emergence of a real contest between liberal and pro-China actors in the legal profession and the legal environment in Hong Kong. After celebrating the twentieth anniversary of Hong Kong’s sovereignty transfer from Britain to China, it is valuable to study how the sovereign power influence the rule of law in its semiautonomous city by non-legal measures. This paper aims to offer a preliminary research on China’s political economic strategy, which is regarded as the “China factor”, in the legal system of Hong Kong, and its political, economic and legal-cultural impacts on the rule of law. Design/methodology/approach This paper argues that China exerts its influence over the legal system of Hong Kong in four domains, including ideology, political elections, legal organization and cross-border political economy. Based on media research and content analysis over published materials of various legal associations and institutions, it is found that China attempts to consolidate its control in Hong Kong by producing alternative legal ideology and discourse of the rule of law and by co-opting the legal profession under China’s united front strategy. Findings While there are liberal lawyers and legal scholars vocally engaging in defense of human rights and the rule of law in Hong Kong, a network of legal profession promoting socialist and authoritarian legal values has become prominent. Hong Kong’s legal culture will continue to be shaped in accordance with authoritarian characteristics and will adversely affect developing the rule of law in this international city. Originality/value This paper contributes to the study of China’s influence over the legal profession of Hong Kong and in general Hong Kong’s jurisdiction by offering an example to the international community that contributes towards understanding how China adopts different strategies to expand political significance beyond its border.

scholarly journals Preserving the rule of law in the era of artificial intelligence (AI)

2021 ◽  
Author(s):  
Stanley Greenstein
Keyword(s):  
Artificial Intelligence ◽  
Rule Of Law ◽  
Academic Discipline ◽  
Decision Makers ◽  
Human Flourishing ◽  
The Rule Of Law ◽  
Human Decision ◽  
Technological Developments ◽  
Made In ◽  
National Borders

AbstractThe study of law and information technology comes with an inherent contradiction in that while technology develops rapidly and embraces notions such as internationalization and globalization, traditional law, for the most part, can be slow to react to technological developments and is also predominantly confined to national borders. However, the notion of the rule of law defies the phenomenon of law being bound to national borders and enjoys global recognition. However, a serious threat to the rule of law is looming in the form of an assault by technological developments within artificial intelligence (AI). As large strides are made in the academic discipline of AI, this technology is starting to make its way into digital decision-making systems and is in effect replacing human decision-makers. A prime example of this development is the use of AI to assist judges in making judicial decisions. However, in many circumstances this technology is a ‘black box’ due mainly to its complexity but also because it is protected by law. This lack of transparency and the diminished ability to understand the operation of these systems increasingly being used by the structures of governance is challenging traditional notions underpinning the rule of law. This is especially so in relation to concepts especially associated with the rule of law, such as transparency, fairness and explainability. This article examines the technology of AI in relation to the rule of law, highlighting the rule of law as a mechanism for human flourishing. It investigates the extent to which the rule of law is being diminished as AI is becoming entrenched within society and questions the extent to which it can survive in the technocratic society.

scholarly journals The Impact of Artificial Intelligence on the Formation and the Development of the Law

2020 ◽  
Vol 2 (1) ◽  
pp. 1-15
Author(s):  
Sébastien Lafrance
Keyword(s):  
Artificial Intelligence ◽  
Legal Profession ◽  
Legal Issues ◽  
Predictive Tools ◽  
Ethical And Legal Issues ◽  
The Law ◽  
The Impact

AbstractThis paper explores various impacts of artificial intelligence (“AI”) on the law, and the practice of law more specifically, for example the use of predictive tools. The author also examines some of the innovations but also limits of AI in the context of the legal profession as well as some ethical and legal issues raised by the use and evolution of AI in the legal area.

Artificial Intelligence in International Arbitration

2020 ◽  
pp. 590-616
Author(s):  
Myriam Gicquello
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Rule Of Law ◽  
Human Beings ◽  
International Arbitration ◽  
Naturalistic Decision Making ◽  
The Rule Of Law ◽  
Behavioural Analysis ◽  
International Adjudication ◽  
Definition Of

This chapter assesses the introduction of artificial intelligence in international arbitration. The contention is that it would not only reinstate confidence in the arbitral system—from the perspective of the parties and the general public—and participate in the development of the rule of law, but also engage with broader systemic considerations in enhancing its legitimacy, fairness, and efficiency. Yet, before addressing the why, what, and how of this proposition, a definition of artificial intelligence is warranted. It should be noted at the outset that this concept has a variety of meanings. Despite the lack of consensus on its meaning, the chapter will thus treat artificial intelligence as encompassing both semi-autonomous and autonomous computer systems dedicated to assisting or replacing human beings in decision-making tasks. It presents the conclusions of two extensive research programs respectively dealing with the performance of statistical models and naturalistic decision-making. From that behavioural analysis, the introduction of artificial intelligence in international arbitration be discussed against the general considerations of international adjudication and the specific goals pertaining to international arbitration.

Vladimir Spasovich and the Development of the Legal Profession in Russia

2004 ◽  
Vol 32 (3) ◽  
pp. 593-603
Author(s):  
Peter Roudik
Keyword(s):  
Rule Of Law ◽  
Legal Profession ◽  
Political Life ◽  
Legal Rights ◽  
Russian Society ◽  
The Rule Of Law ◽  
Legal Traditions ◽  
The Social ◽  
History Of ◽  
The Individual

Russian society is currently struggling on its road towards recognizing the rights and freedoms of the individual, as well as towards establishing the rule of law and institutions, norms and procedures of a civil society. The current poor state of the legal profession is due significantly to lawyers with substandard qualifications. This fact has delayed the speed of progressive social, political and spiritual reforms, and has complicated the quest for freedom and legal rights by the Russian people. An analysis of the previous Russian experience and a creative interpretation of state and legal traditions might be useful to solve current problems. One such lesson may be learned from studying the history of the Bar (Advokatura), which once used to influence the social and political life in Russia.

Sign in / Sign up

Export Citation Format

Share Document