ABSTRACT

The field of artificial

intelligence is now
traversed with great
enthusiasm but what
is artificial intelligence
and how how the
research in artificial
intelligence can relate
to the practice and
administration of law.
The article addresses
critical questions and
provides an overview
of how AI can be
helpful and its
integration is
imperative within the
faucets of law. This
article addresses the
audience without
technical knowledge
AI AND LAW and give answer to
questions as to how AI
THE CRITICAL ANALYSIS OF CURRENT AI AND ITS APPLICATIONS IN LAW
can be used by legal
practitioners, users of
the law and
government officials
who administer the
law.

Vagmee Sk Mishra |
20BAL146
AI AND LAW: AN OVERVIEW OF THE NUANCED RELATIONSHIP
BETWEEN AI AND LEGAL ARENA

INTRODUCTION:

This article briefly talks about the use of artificial intelligence and its applications in
law, but before we move forward it is very crucial to know what is AI. Artificial
Intelligence or AI can be defined as a study of cognitive process using the conceptual
framework and tools for computer science, it can also be referred as a distinct field or
a subset of computer science. The beginning of AI can be traced back to the mid-
fifties when Marvin Minsky one of the founders of AI thought of making machines
which do things that require intelligence of a man, therefore all manner of intelligent
behaviour like playing Chess, solving calculus, mathematical discoveries,
understanding stories, new concepts, visualising scenes, diagnosing diseases,
reasoning by analogy, etc. Can be done by machines is a significant part of AI1.

Artificial intelligence is said to be pursued for at least two reasons first to incorporate
human intelligence into computer programs to make them perform intelligently and
second to understand the working of human intelligence. Most of the AI programmers
pursue these two goals simultaneously, for instance in designing a computer program
based on artificial intelligence it is important to note how individuals make informed
decisions and is usually the best and often only source of information about how the
job is done and how the AI should be programmed. Likewise, in engaging with AI for
the sake of understanding or modelling cognition it is far more satisfying to exhibit a
running program: to some degree success is a working computational model.2
1
A summer conference held at Dartmouth College in 1956 is perhaps the most convenient landmark to
denote its beginning. See P. MCCORDUCK, MACHINES WHO THINK 93-114 (1979) (describing
history surrounding the Dartmouth Conference and its lasting effects in Al community).

2
Even if psychological validity is not usually paramount, it is often helpful. The MYCIN Project
illustrates this point. The goal of the MYCIN Project was to build a system that could diag- nose
bacterial blood infections at an expert level. Although the goal was not to model closely the diagnostic
behavior of expert physicians, observations of medical experts were critical during the early phases of
the project stage, when the Al researchers (known as "knowledge engineers") gathered, structured, and
encoded the experts' medical knowledge for use by the program. Later, having the program operate in a
comprehensible manner was critical for debugging and refining it. It is usually the case that if there is
THE USE OF AI IN THE CURRENT TIMES:

Current advancement in artificial intelligence and the present era of society today we
have come a long way from some vision of Ideal reasoning to Artificial Intelligence
program and we may never be able to achieve certain aspects of human expertise but
we have already accomplished very interesting and useful projects which are related
to Artificial Intelligence and law. The use of Law with a fine lens of AI can expedite
the process of legal reasoning for instance, creation of case-based arguments; to shed
light on questions of legal philosophy essentially, the nature, openness of textured
predicates and provide practical even socially beneficial applications; such as expert
systems in certain administrative areas.

With the help of artificial intelligence one can now foresee the continuation of work
on rule based & case-based Paradigm, hypothetical reasoning & argument, and their
prediction will catapult the results related to deep modelled representation of law,
sophisticated control regimes, and mechanised learning apparatus. These will in turn
culminate and help in emergence of an extensive theoretical legal argumentation with
a deep reverence to practical terms. As the research on AI is moving at a flash pace,
the incorporation of more data and AI approaches in existing systems combined with
facts using logical rules to alert users about things that might be too difficult for a
person to figure out on his own, additionally, knowledge-based artificial intelligence
system can harness the power of computing to reveal hard to detect details such as
contradictions embedded in systems that human mind would not be able to discern.3

no point of contact between the program's processing style and the human's, the program behavior
appears inscrutable, impeding its development. Some similarity between the program's and the experts'
processing also enhances one's belief in the correctness of the output of the program; sometimes this is
so because it is easier for the program to explain its own reasoning in the user's terms , a chess playing
program like Deep Thought is an extreme case of a high performance program where there is no claim
to cognitive validity
3
For example, one can use currently available commercial expert systems shells to allow students to
build their own small applications and then to experiment with them. The very exercise of developing a
rule base forces students to develop a theory of the application area and to think about general issues
regarding the validity and appropriateness of using rule-based approaches. For instance, developing
rule sets for consumer tort law or offer and acceptance law requires understanding of the specifics of
the law as well as general issues about rules and legal predicates and problematic aspects of them.
This body of Artificial Intelligence and its research can be fruitful applied to the Law
School curriculum for instance we can provide law students with environment to
examine their own legal knowledge by a simulation platform based on artificial
intelligence programs. The conceptual framework of Artificial Intelligence can help in
describing and posing artful hypothetical and show your students how they can
possibly improve their expertise. Artificial intelligence provides a set of tools based
on detailed models of Representation and process.

There may be some concerns that AI models will somehow trivialise the legal
Reasoning by making it seem to simple or just a computerized work undermining the
importance of the legal fraternity that is the lawyers and judges by relegating them to
the role of mere "users" of AI systems and dehumanise the legal framework by
rendering it to mere "intelligent behaviour".

This is on the contrary to the AI research the more we research the human reasoning
the more richness and flexibility is added to it AI is not just a computer program and
its application in law is not just technical but a fully developed AI can be more human
than any other human existing, but it must always be kept in mind that the role of AI
is only to assist not replace the "human" legal framework.4

Application of AI in the legal Arena can have straight forward as well as detailed
effects on assumption simplification strength and weakness. Successful projects
require not only a deep and strong collaboration of both Artificial Intelligence and
law, but also the willingness to try new approaches with the will to achieve the
desired result. Why is no different from any other work fields where trying and
learning is invariably intertwined.

4
For instance, I predict that work on case-based reasoning will lead to practical tools for creating and
managing case data bases of individual practitioners and firms, which can then be used in preparation
of new cases. A beneficial side-effect of such tools, and of course, of traditional expert systems, will be
the capturing and preservation of a firm's "institutional memory" and its use to leverage new or
inexperienced attorneys in the areas of the firm's expertise to higher levels of performance, at the very
least by keeping them from asking "obvious" questions and making "silly" mistakes.
AI IN LAW PRACTICE

Today attorney and practitioners of law perform multiple legal tasks which involves
counselling gorging the strength of legal positions avoiding risk tracking contracts
and other documents pursuing litigation and many other activities.5

From the early 2000 many of the document review which was a traditional task
performed by attorneys was done by taking assistance of Artificial Intelligence and
computer programs. These programs are typically taught and trained To sort out
relevant documents which are required in a particular case. Thus rather than having
human attorney opine over a vast sea of likely irrelevant document the software is
used to filter out the most irrelevant documents and reserved The Limited so that the
attorney was given more judgement time to subset the documents that are much more
likely to be relevant.6 There are many other examples of machine learning being
employed to do task which are traditionally performed by by humans the examples of
data filtering, reviewing contracts, and helping with the automated contracts and legal
documents are done today with the help of AI and AI assisted legal programs.
However, by contrast the AI software does not typically create a final product but it is
a tool to efficacious achievement of the finished product. Humans are still in the loop
to finish the complex legal tasks and only a part of legal system which can be done
mechanically and is more repetitive is automated by AI. AI cannot replace but rephase
the legal Arena as AI can predict the legal outcomes and with its help lawyers can
improve in argumentation to turn the tables.7

5
Prelaw—What Do Lawyers Do?, NALP, https://www.nalp.org/what_do_lawyers_do
[https://perma.cc/982D-APDZ] (last visited Sept 06, 2021).

6
Charles Yablon & Nick Landsman-Roos, Predictive Coding: Emerging Questions and Concerns, 64
S.C. L. REV. 633, 634, 637 (2013).

7
Bernard Marr, How AI and Machine Learning Are Transforming Law Firms and the Legal Sector,
FORBES (sept 08, 2021, 12:29 pm), https://www.forbes.com/sites/bernardmarr/2018/05/23/how-ai-
and-machine-learning-are-transforming-law-firms-and-the-legal-sector/#6308a31c32c3
[https://perma.cc/9HQ6-ZGTQ].
AI IN ADMINISTRATION OF LAW

Another facet of AI is that it involves the use of AI in the administration of law. This
is extensively used by the government officials to employ Technology for forming of
policy decisions. For instance, when an accused is to be released on a bail risk
assessment needs to be done on the accused. Today judges are increasingly using
artificial intelligence to provide a score for risk assessment and granting bail to the
accused there is extensive use of algorithms which is beneficial but often has
influential effect on the judge's decision. Another example can be seen by the way of
the government system that use AI for various government benefit schemes often
government Agencies program the system which contain a series of regulations when
the applications for benefits need to be released and when they need to be withheld.8

AI AND “USERS” OF LAW

Another category involve the uses of the law that is the ordinary citizens,
organisations, companies, etc., which employ law and use the tools of law for instance
many companies use business logic policy systems to help them comply with the
law.9 These are fundamentally customised systems that contain general programming
rules about the activities of a company and the law which is required to be complied
with in accordance with other government regulations, with the help of these
Complex regulations are taken care with a model of relevant laws and using the
knowledge and logical representation techniques of the AI the internal processes
refined so that it would not violate the relevant laws.

8
William D. Eggers et al., AI-Augmented Government: Using Cognitive Technologies to Redesign
Public Sector Work, DELOITTE INSIGHTS (sept 07, 2021),
https://www2.deloitte.com/insights/us/en/focus/cognitive-technologies/artificial-intelligence-
government.html [https://perma.cc/4VLZ-8485].

9
Jyoti Dabass & Bhupender Singh Dabass, Scope of Artificial Intelligence in Law, PREPRINTS (sept
08, 2021, 3:13 PM), https://www.preprints.org/manuscript/201806.0474/v1/download,
[https://perma.cc/L3X4-7MVW]
Another instance is the use of AI in computable contracts, these contracts are
essentially computer-based and are sent electronically in which only computer can
understand the the contents of the contract, many security agencies and Finance
agencies use these forms of contract so that only designated computer can carry out
logic behind the contract. Another example can be seen in the so-called legal self-help
systems these are simple expert systems in the form of chatbots that provide ordinary
users with answers to basic legal questions.10

CRITIQUE

However, AI is not free with the contemporary problems being a developing field
there are certain contemporary issues that have to be highlighted in regards with the
potential of algorithmic decision making. Critics have often pointed out the fact that
computer models for Artificial Intelligence learn patterns from data that are subtly
based on the bias against certain group and it in turn displays in the decision of AI or
machines.11 Another contemporary issue plaguing the AI is the interpretability of AI
systems and transparency around how AI systems are making their decisions

It is the the nature of the artificial intelligence system that even the creators of that
systems are not able to decipher the program once the program starts the mechanical
learning process. It is often advocated that the AI systems must be explainable
interpretable or at least transparent12. The final issue has to do with the potential
problems with automated computerized decision making as AI becomes more
ingrained in the fundamental administration of law and government. For instance, if a
judge receives an automated report that indicates that a defendant has 80% chance of
10
Dominic Fracassa, California Courts Look to Modernize with Chatbots, Video Tech, S.F. CHRON.
(sept 05, 2021, 4:27 PM), https://www.sfchronicle.com/business/article/California-courts-look to-
modernize-with-11143095.php.

11
Omer Tene & Jules Polonetsky, Taming the Golem: Challenges of Ethical Algorithmic Decision-
Making, 19 N.C. J. L. & TECH. 125 (2017).

12
Luke James, AI Is Useless Until It Learns How to Explain Itself, TOWARDS DATA SCI. (sept 06,
2021), https://towardsdatascience.com/ai-is-unless-until-it-learns-how-to-explain-itself-7884cca3ba26
[https://perma.cc/PK3D-FFUW].
re-offending based on mechanical learning model the prediction has the order of
mechanical infallibility and neutrality. The concern that this mechanical prediction
affect the judgement of judge and in turn the decision-making process could hamper
with justice delivery of the judicial system.13

CONCLUSION

My main aim in this article was to provide a realistic, demystified view of AI and law
as it currently stands. AI neither magic nor it is intelligence of the human cognitive
sense of the word, rather it is a technology which can produce intelligent results.
However, AI in the current time has many limitations notably it is not good at
abstractions, understanding meanings and transferring knowledge from one activity to
another but knowing the strengths and limits of the current AI technology is crucial to
understanding the aspect of AI within the law and it can help us realise the
understanding of where AI is likely to impact the practice and administration of law
not just importantly where it is not.

13
Jason Tashea, Courts Are Using AI to Sentence Criminals. That Must Stop Now, WIRED (sept 03,
2021, 7:00 AM), https://www.wired.com/2017/04/courts-using-ai-sentence-criminals-must-stop-now/
[https://perma.cc/YY84-437U].