Abstract
Although, the Latent Damage System was produced in the late 1980s, Susskind—a co‐developer—asserts in his latest book that this and similar systems will have a profound influence upon the future direction and practice of law, by bringing about a shift in the legal paradigm (Susskind, The Future of Law Facing the Challenges of Information Technology, 2996. pp. 105, 286). As part of the research into the conflict which, in my view, exists between the artificial intelligence and law movement and adversarial argumentation in the litigatory process, I analyse the claims and objectives made by the developers of the Latent Damage System and suggest that the current technological know‐how is incapable of representing dynamic, adversarial, legal environments. In consequence, I contend that intelligent‐based applications cannot provide an authentic and automatic access to resolving adversarial legal disputes.
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