Author- Drushti Jayesh Shah , Adv. Balasaheb Apte College of Law
To The Point
Every day, the devices surrounding me serve as a reminder of how far technology has advanced. From the simple notification bell on my phone to advanced robots, the wonders of technology are truly magical. One of the most talked-about innovations in recent years is Artificial Intelligence, commonly known as A.I. Over the past decade, A.I. has gained significant attention, transforming fields from medical diagnostics to autonomous driving.
A.I. involves the development of computer systems and programs capable of performing tasks that typically require human intelligence. For students like us, A.I. has become a valuable resource—acting as a teacher, assistant, and more. Whether it’s trending on social media or enhancing our professional lives, A.I. is pervasive in our daily experiences.
However, as Paul Virilio wisely stated, “Every technology carries its own negativity, which is invented at the same time as technical progress.” A.I. is no exception and comes with its own set of challenges. In this article, we will explore both the positive and negative aspects of A.I. and its impact on the legal framework.
Abstract
There has been many alarmists who believe A.I. would end the human as we know it as taken over everything whereas others believing that this A.I. revolution would free humans from the tedious labour processes. Every field of education and profession has been puzzled as to how and when these systems would be integrated with their fields, be it engineering, medicine, the humanities or the stock brokers. For many, the question is also not how A.I. will be integrated but when? Similarly, the legal field has not been averse to these speculations. Whereas some are waiting for A.I. to develop to its full potential so as to integrate and disrupt the legal framework. However, the question that seems to get out of sight is how can we integrate Al with the legal frameworks established? Should we or for that matter can we use A.I. in determining legal issues? What would be the impact of A.I. on the legal landscape as we know it today?
The Proof
A.I. is undoubtedly a transformative force in today’s world, influencing every sector, including the legal field. However, when we examine the integration of A.I. into law or legal frameworks, two perspectives emerge. Laws are designed to govern society and maintain order and discipline, necessitating that these laws be unbiased and administered fairly. The principle of the “Rule of Law” emphasizes that laws should be impartial, equitable, and that everyone is entitled to rights.
However, it is important to note that A.I. systems operate based on data sets that are fed into them. Numerous studies indicate that A.I. can perpetuate existing social hierarchies, leading to discrimination against underprivileged and minority groups. This phenomenon, often referred to as A.I. bias, is not new. For instance, in 1998, a British medical school was found guilty of discrimination due to a computer program that favored certain applicants based on gender and ethnicity. Here, the issue lies not with A.I. itself but with the data inputted into the system. While A.I. can assist in identifying and mitigating human biases, it can also exacerbate problems by embedding and scaling biases in sensitive applications.
Another significant concern surrounding A.I. is transparency and accountability. Any legal framework requires these elements, as the essence of the ‘Rule of Law’ is to ensure that systems are not arbitrary. Transparency, accountability, and the need for reasoning and explanation have become fundamental components of modern legal frameworks. These expectations extend beyond the judiciary to the administrative, bureaucratic systems, policymakers, and even private individuals in matters such as recruitment and insurance.
Currently, A.I. systems are integrated into various fields, from finance to healthcare, generating results that often influence critical decisions, such as scholarships, internships, and job placements. However, the risk arises when ‘unnecessary,’ ‘biased,’ or ‘irrelevant’ data sets become part of the A.I. decision-making process. The most alarming aspect of this is the ‘black box’ nature of A.I., which obscures the reasoning behind its decisions. The fundamental role of judicial and quasi-judicial bodies is to provide clear explanations for their actions and judgments to prevent any form of arbitrariness and uphold the rule of law. The opaque nature of A.I. raises questions about how decisions are made and the factors involved, making it essential to address its lack of transparency. Judicial explanations are crucial for accountability, especially when decisions are made by higher courts, guiding future decision-making.
Another pressing question revolves around liability. Can A.I. be regarded as a legal entity? If not, who should bear responsibility for defaults committed by A.I. — the developer, owner, buyer, manufacturer, or user?
While A.I. presents various challenges, it also offers significant benefits that can alleviate the burdens faced by lawyers, judges, and other judicial bodies. A.I. can enhance productivity in executing various tasks, particularly in data analytics, pattern recognition, and logical functions, which are vital in legal practice. Legal research, an essential yet time-consuming aspect of a lawyer’s role, can be streamlined through A.I. systems like Ross Intelligence and KIRA. These systems are trained to better understand language and can effectively address numerous legal queries. For instance, the India-based company LegitQuest leverages A.I. for legal research, significantly lightening the workload for lawyers. While A.I. can serve as a valuable tool within the legal framework, reliance on it should be cautious and accompanied by oversight. If A.I. becomes fully integrated into the legal system in the future, it should be held accountable for any defaults it may cause.
Conclusion
Artificial Intelligence represents both an opportunity and a challenge in the ever-evolving legal landscape. Its capacity to transform legal processes—through enhanced research, analytics, and increased efficiency—is clear. However, integrating A.I. also brings significant concerns related to bias, accountability, transparency, and the core values underpinning the rule of law. The true challenge is not to resist A.I., but to regulate and incorporate it responsibly within the legal framework. Legal systems must guarantee that A.I. upholds justice and fairness rather than undermining them.
FAQs
1. What is AI?
Artificial Intelligence (AI) refers to the simulation of human intelligence processes in machines, enabling them to perform tasks that typically require human-like intelligence, such as learning, problem-solving, and decision-making.
2. Three Rules of Rule of law?
Supremacy of law
Equality before law
Predominance of legal spirit
3.what is liability?
liability refers to the state of being legally responsible for something, such as an action, debt, or obligation.
