Unlocking the Power of AI in Law: The Intersection of Technology and Ethics

Advances in artificial intelligence (AI) are enabling the design of increasingly powerful knowledge automation tools. According to McKinsey, this should generate an estimated annual value of between 5 and 7 trillion dollars by 2025. Among the fields concerned — law and justice.

Predictive Justice

The fields of law are based on mountains of texts and rules that make this automation of knowledge possible. We can think of the automated creation of reports, work contracts, sales contracts, regulations, and even laws.

Moreover, the ingestion, analysis and modeling of legal data lead to the notion of “predictive justice,” where AI can calculate the probability of a legal decision. For example, it can predict the chances of winning in a procedure intended to bring a dispute to trial.

“While the term 'predictive justice' has come to be used, some prefer to use competing terms ('quantitative,' 'statistical,' or 'simulative') because it is not prediction per se, but rather calculation, logic, and statistics.” - Boris Barraud, French law doctorate

The fact is that it's obviously not possible to predict a judge's decision. However, predictive justice makes it possible to perform a statistical analysis based on a set of similar court decisions. It can assess the probability of the judgment that will be rendered and anticipate the risks involved.

Researchers at University College London analyzed court decisions from the European Court of Human Rights. By modeling these cases, they designed an algorithm that could predict the outcome of other cases with an accuracy of 79%.

In the same spirit, by implementing natural language understanding (NLU) technologies, companies such as ROSS in Canada claim to be able to accurately answer legal research questions in seconds, instead of hours, by reading all case law.

If the subject of Artificial Intelligence has been in the news recently, as early as 1970 Buchanan and Headrick of the University at Buffalo School of Law wrote: “Current artificial intelligence research might contribute to the design of a system capable of performing both the routine and some creative aspects of legal research.“

Law, AI, and Ethics  

Morals, acceptance standards, and laws require us to constantly question technologies such as artificial intelligence, which are rapidly imposing themselves in society and in business. They require us to never take for granted the ethical concerns raised by the democratization of AI uses. 

Here’s a suggestion of five essential ethical principles to guide the development and deployment of AI systems: 

1. Transparency: AI systems should be transparent and accountable, meaning that their decision-making processes should be explainable and understandable to humans.
2. Fairness: AI systems should be designed and deployed in a way that ensures impartiality. It should not discriminate against any individual or group based on their gender, ethnicity, religion, or other factors.
3. Privacy and Security: AI systems should respect the privacy and personal data of individuals, and be designed and deployed in a way that protects against unauthorized use of personal information.
4. Beneficence: The very purpose of AI systems should be to augment human capabilities and to benefit humanity as a whole. It should promote the well-being of individuals and society.
5. Sustainability: Ultimately, AI systems should be designed and deployed in a way that promotes sustainability and protects the environment.

The business world is starting to acknowledge all the implications of the stakes, which seem increasingly important at a time when not only the market, but also individuals, are taking hold of AI tools.

The challenges of ethical AI are crucial. In particular, AI must be designed to consider and preserve human values such as justice, fairness, and privacy. Care must be taken to ensure that biases are not replicated in the construction of algorithms and models or in the design of AI datasets and training processes. 

For example, in the field of law, it is essential to ensure that AI does not reinforce biases and discriminations that already exist in legal systems. The integration of human intelligence with AI remains essential to ensure ethical and responsible use of these tools. Lawyers, judges, and legislators must remain involved in the process of creating and using AI in law to ensure that these tools meet the needs of citizens and respect fundamental rights. 

Conclusion

The adoption of AI across all business domains offers a common set of benefits for companies, including:

• Reduced operational time
• Greater business insight
• Reduced human error
• Automation of repetition tasks
• Enhanced productivity
• Better customer service

“The judge and the algorithm could, hand in hand, move towards an augmented justice. A better knowledge of the decisions of their peers should, in the long run, lead to the elaboration of more homogeneous judgments, even if the magistrates keep their independence.” - Pauline Bousch

Indeed, is it necessary to underline that, if the technologies and methodologies of AI increase the work capacities of humans, they cannot replace human intelligence? This is one of the reasons why their use must be governed by strict ethical rules.

One More Thing

I proposed above five essential ethical principles to guide the development and deployment of AI systems. I’d be happy to read other principles you would add.