Large Language Models, Artificial Intelligence and the Future of Law
Session 18: Can AI replace the law?
The Future of Law
Technology is changing traditional notions of law
"Law by code" or "lex informatica" refers to the concept where rules and regulations are embedded in software and technological systems rather than being solely expressed through traditional legal texts and enforcement mechanisms. This concept suggests that the behavior of individuals and organizations can be governed by the design and architecture of technology itself, effectively making the code a form of law.
Law by design is already prevalent in many fields
SCCOnline TruePrint
SCC Online TruePrint is designed to offer a highly accurate and authoritative representation of the original text of legal documents as they appear in the official law reports. This feature ensures that users can rely on the authenticity and fidelity of the documents they access for legal research and citation purposes.
Service of Summons and Whatsapp
In one notable instance, the Bombay High Court allowed the service of summons via WhatsApp in the case of Kross Television India Pvt Ltd v. Vikhyat Chitra Production, where the court permitted service through WhatsApp as the recipient was avoiding traditional methods of service. The court required proof of delivery and read status for the service to be valid.
Smart Contracts (Self-Executing Code)
Property, Ownership and Tokens
Source: https://knowyourmeme.com/memes/subcultures/bored-ape-yacht-club
Source: https://www.investopedia.com/terms/b/blockchain.asp
1712763127812.pdfOther examples include Digital Rights Management Technology, Digital Signatures and Digital Certificates.
How does AI change things?
The advent of AI significantly transforms the concept of "lex informatica" or "law by code" by introducing dynamic, adaptive, and intelligent rule enforcement mechanisms. AI systems, with their capabilities in data analysis, pattern recognition, and decision-making, can enhance and expand the application of lex informatica in various ways.
Traditional lex informatica involves static rules hardcoded into systems. AI allows for the creation of dynamic rules that can adapt based on real-time data and changing circumstances. This means legal regulations can evolve automatically in response to new information or trends.
For example, AI can enhance smart contracts by introducing adaptive clauses that modify contract terms based on real-time data. For example, an AI-powered smart contract in supply chain management can automatically adjust payment terms based on delivery performance or market conditions.
Do you think AI systems can eventually replace legal systems?