Benjamin Alarie (University of Toronto – Faculty of Law; Vector Institute for Artificial Intelligence) & Samuel Becher (Victoria University of Wellington) have posted Decent Law: Beyond Constitutions, Codes and Cases on SSRN. Here is the abstract:
Emerging technological developments, such as ongoing rapid improvements in artificial intelligence, will significantly transform legal systems. New technologies are already enhancing the predictability of litigation outcomes and beginning to automate adjudication processes. However, such advancements only scratch the surface of the potential disruptions and opportunities to come.
It can hardly be otherwise. Current legal systems were not designed with the accommodation and exploitation of new technologies in mind. It is no surprise then that our legal systems are not well-positioned to maximize the realization of possible social benefits from these new technologies. This paper contends that new technologies will challenge traditional approaches to the practice of law, which is often rigid, opaque, and slow. New technologies will also create massive gains, which may be poorly distributed and result in a stratified society of winners and losers.
Anticipating that future, we critically examine the potential for a decentralized and AI-optimized legal regime dubbed ‘decent law.’ Decent law—characterized by its community-driven, tailored, and personalized nature—has the potential to leverage new technology to improve accessibility, equity, inclusivity, and efficiency in legal institutions. Drawing upon a critical analysis of relevant literature and recent or projected technological developments, we provide a conceptual framework for decent law and explore its benefits. We also acknowledge the potential limitations and difficulties this transformation may confront. We conclude by emphasizing the need for a dynamic framework for legal system transformation that optimally leverages the strengths and mitigates the weaknesses of humans and emerging technologies alike.
Highly recommended.