Legal Automation: AI and Law Revisited

Cecilia Magnusson Sjöberg ()
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Cecilia Magnusson Sjöberg: Stockholm University

A chapter in Legal Tech, Smart Contracts and Blockchain, 2019, pp 173-187 from Springer

Abstract: Abstract This chapter is about legal automationLegal automation understood broadly as the use of modern information and communication technologyTechnology mainly without human intervention. The role of legal educationLegal education serves as a platform for remarks about the need for IT-professionals to be somewhat in command of IT LawIT Law as well as for lawyersLawyers to grasp Legal TechLegal Tech . Another focal point is digital resources managementDigital resources management both within and outside the legal domain. The analysis concerns rights of access on the one hand and corresponding restrictions on the other. For instance, freedom of expression and information are limited by personal dataPersonal data protection, transparency by secrecy, open data by information security and re-use of public sector information (PSI) by intellectual propertyIntellectual property , etc. This legal landscape of contradictions is generally speaking why artificial intelligence (AI)Artificial Intelligence (AI) comes into the picture as lever of legal system management. At the same time, it is important to remember that there have been attempts to automate lawLaw in a broad sense for decades, and that quite a few of the principle challenges concerning decision making systems are still valid. In response to the legal implications of today’s AIArtificial Intelligence (AI) developments and implemented applications a new legal entity—digital personDigital person —is introduced. The overall purpose is to acknowledge the need for a conceptual model for legal reasoning supplementing the well-established notions of “natural person” and “legal person.” By way of such a legal innovationInnovation more adequate discussions about accountability and the rule of lawLaw can take place, e.g., when robots are to be programmed based on algorithms that intentionally are dynamic by way of machine learningMachine learning . If such thoughts about new legal entities—here digital personDigital person —are set aside due to conventions and traditions there is no doubt a risk for inadequate assessments of responsibility, privacyPrivacy infringements and the like.

Keywords: Artificial intelligence (AI); Digital person; GDPR; Legal automation; Digital resources management; Legal education (search for similar items in EconPapers)
Date: 2019
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Persistent link: https://EconPapers.repec.org/RePEc:spr:perchp:978-981-13-6086-2_7

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DOI: 10.1007/978-981-13-6086-2_7

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