As Lawyers, We Cannot solely rely on AI!
Sharon Juwah, MBA (AI and Automation)
Key words: Artificial intelligence; AI Bias ; Emotional Intelligence
It is no news that we are in the age of rapid technological advancement, and artificial intelligence (AI) has become deeply integrated into various aspects of our lives, promising efficiency, accuracy, and convenience. However, when it comes to making legal decisions, the reliance on machines and algorithms poses significant risks and challenges. While AI can augment human decision-making processes, entrusting it with the authority to make legal judgments independently is a perilous path fraught with complexities and ethical dilemmas.
One of the fundamental limitations of AI in legal decision-making is its inability to grasp the nuanced complexities of human behavior, emotions, and societal context. For instance, when prompt engineering on ChatGPT, one often has to qualify their prompts to give it additional context and yet more often than not, ChatGPT still misses the mark, especially as it relates to complex everyday issues. Legal cases often involve intricate details and subtleties that cannot be adequately interpreted by algorithms alone. Contextual understanding, empathy, and moral reasoning are essential components of making just and fair legal decisions, elements that AI currently lacks.
Legal decision-making often requires interpretation of statutes, precedents, and complex legal principles, tasks that demand human judgment and discretion. While AI excels at processing vast amounts of data and identifying patterns, it struggles with nuanced interpretation and applying abstract legal concepts to real-world scenarios. The rigid nature of algorithms contrasts sharply with the flexible and adaptive reasoning abilities of human minds, making them ill-suited for navigating the intricacies of the law.
In the words of Voltaire, ‘Prejudice is what fools use as reason’. In this quote, he suggests that prejudices, or preconceived opinions formed without sufficient evidence or rational thought, are used by foolish individuals as a substitute for genuine reasoning. By characterizing prejudices as tools of fools, Voltaire emphasizes their detrimental effect on critical thinking and reasoned discourse. Instead of engaging in thoughtful analysis or considering evidence, those who rely on prejudices allow their judgment to be clouded by bias and narrow-mindedness. This is the exact problem with sole reliance on AI and ML tools for legal decision making as AI systems are not immune to biases and they merely reflect the biases present in the data they are trained on. If historical legal data contains biases, such as racial, gender, or socioeconomic prejudices, AI algorithms will perpetuate and potentially exacerbate these biases when making decisions. This can lead to unjust outcomes, further entrenching existing inequalities within the legal system. Without human oversight and intervention, there is a risk of legitimizing discriminatory practices under the guise of algorithmic objectivity.
Who is responsible when an AI-powered legal decision goes awry? Unlike human decision-makers who can be held accountable for their actions, AI systems operate in opacity, making it challenging to assign responsibility for errors or injustices. Moreover, the lack of transparency in AI algorithms and decision-making processes raises concerns about due process and the right to a fair trial. Citizens have a fundamental right to understand the basis of legal decisions affecting their lives and to seek redress when such rights are violated pursuant to Section 46 of the 1999 Constitution of the Federal Republic of Nigeria- a right that is jeopardized in opaque algorithmic systems.
Legal decisions often involve moral and ethical considerations that extend beyond the realm of logic and efficiency. Concepts such as fairness, equity, and justice require human judgment informed by empathy, conscience, and societal values. While AI can optimize certain aspects of decision-making, it cannot replicate the depth of ethical reasoning and emotional intelligence inherent in human cognition. Entrusting machines with the power to adjudicate complex moral dilemmas risks dehumanizing the legal system and undermining public trust in the pursuit of efficiency.
In conclusion, while AI holds promise in enhancing various aspects of legal processes, it cannot replace the indispensable role of human judgment and oversight in making legal decisions. The complexities of law, coupled with the ethical and moral considerations inherent in the legal system, necessitate human involvement to ensure fairness, accountability, and justice. Rather than delegating decision-making authority to machines, we should view AI as a tool to assist and augment human judgment, always mindful of its limitations and the imperative of preserving the human-centric values that underpin our legal system. So relax, AI is not here to take your jobs.
