New issue is now available online!
University of Toronto Law Journal
Volume 68, No. S1
UTLJ Online: http://bit.ly/UTLJ68S1
Special Issue: Artificial Intelligence, Technology, and the Law
Introduction: Artificial intelligence, technology, and the law
On 25 March 2017, the Centre for Innovation Law and Policy at the University of Toronto hosted a Conference on Artificial Intelligence, Technology, and the Law. The conference was supported by generous funding from the University of Toronto Press and from the Social Science and Humanities Research Council of Canada. The contributions to this special issue of the UTLJ are based on articles originally presented at the conference.
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Law as computation in the era of artificial legal intelligence: Speaking law to the power of statistics
The idea of artificial legal intelligence stems from a previous wave of artificial intelligence, then called jurimetrics. It was based on an algorithmic understanding of law, celebrating logic as the sole ingredient for proper legal argumentation. However, as Oliver Wendell Holmes has noted, the life of the law is experience rather than merely logic. Machine learning, which determines the current wave of artificial intelligence, is built on data-driven machine experience. The resulting artificial legal intelligence may be far more successful in terms of predicting the content of positive law.
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Warming up to inscrutability: How technology could challenge our concept of law
In this article, I discuss how technological development could change the way that we think about the essential features of legality. In particular, I focus on the strengths and weaknesses of machine learning in the context of legislation and adjudication. I argue that the content of those essential features could depend upon our willingness to make tradeoffs between intelligibility and results. These tradeoffs might lead us to reject a concept that requires critical officials (HLA Hart), reason-based tests of legitimacy (Joseph Raz), or deep justifications for coercion (Ronald Dworkin).
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Prediction, persuasion, and the jurisprudence of behaviourism
There is a growing literature critiquing the unreflective application of big data, predictive analytics, artificial intelligence, and machine-learning techniques to social problems. Such methods may reflect biases rather than reasoned decision making. They also may leave those affected by automated sorting and categorizing unable to understand the basis of the decisions affecting them. Despite these problems, machine-learning experts are feeding judicial opinions to algorithms to predict how future cases will be decided.
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Transformative legal technology and the rule of law
This article distinguishes two types of legal technology: ‘cheaper lawyers’ (or simply replacing the cognitive operations of lawyers in their existing domains with technology) and ‘transformative artificial legal cognition’ (or introducing the cognitive operations characteristic of lawyers in contexts where human lawyers cannot economically be deployed at all). It then makes the case for finding advances in egalitarian access to justice and the rule of law primarily in the latter category.
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How artificial intelligence will affect the practice of law
Benjamin Alarie, Anthony Niblett, Albert H Yoon
Artificial intelligence is exerting an influence on all professions and industries. We have autonomous vehicles, instantaneous translation among the world’s leading languages, and search engines that rapidly locate information anywhere on the web in a way that is tailored to a user’s interests and past search history. Law is not immune from disruption by new technology. Software tools are beginning to affect various aspects of lawyers’ work, including those tasks that historically relied upon expert human judgment, such as predicting court outcomes. These new software tools present new challenges and new opportunities.
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Founded in 1935, UTLJ is the oldest university law journal in Canada. UTLJ publishes the work of internationally known scholars, not only in law but also in a broad range of disciplines relating to law, such as economics, political science, philosophy, sociology, and history. UTLJ is available in print and online.
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