Future Of Law Research Articles

Law and Macro Finance

Abstract This article makes the case for developing law and macro-finance as an integrated research field that explores the role of credit and its regulation within the economic cycle. It highlights the importance of macro-financial conditions, such as leverage and liquidity, over traditional concerns like agency costs and efficiency when assessing the economic impact of the law. The article argues that the future of law and macro-finance research should focus on demonstrating (1) how the law operates under different macro-financial conditions, (2) how the law can shape these conditions, and (3) how these conditions influence legal frameworks. This research is partly inspired by, and could also be valuable for, organizations like the World Bank and IMF, which increasingly acknowledge the role of debt in financial crises and are beginning to promote policies that help countries better align the size of their credit markets with their economic needs.

Futures of Law, Lawyers, and Law Schools: A Dialogue

Futures of Law, Lawyers, and Law Schools: A Dialogue

Intersection of generative artificial intelligence and copyright: an Indian perspective

Purpose The main objective of this study is to present a compact overview analysis of intellectual property laws, specifically copyright-related provisions applicable to generative artificial intelligence (GenAI) in the Indian context. Design/methodology/approach The paper adopts a qualitative research methodology that is grounded in secondary sources of information. The data were gathered from the Scopus database for a systematic literature review. Findings GenAI technology has given rise to numerous questionable issues within the domain of intellectual property that need resolution in the form of policy solutions. Based on the findings of this paper, it can be deduced that Indian copyright laws are not adequate for addressing the rights pertaining to AI and its creations and outputs. Different countries like the United States, European Union and China have approached the regulation and protection of AI-generated content within the realm of copyright law in different ways. The future of law, as it has been established thus far, seems to be on a path of substantial evolution. Practical implications The study has implications for policymakers globally as there is a need to create feasible policy solutions that can efficiently safeguard against risks stemming from large language models (LLMs) and other GenAI models, while also promoting innovation, technical advancement and adoption. Originality/value The paper discusses the copyright-related issues in GenAI technology in the context of an emerging economy, India.

Smart dispute resolution: Artificial intelligence to reduce litigation

Artificial intelligence, despite still being a developing technology, can be considered an inevitability in law, as it is in any other field. Described in Germany as part of a 4th Industrial Revolution, it confirms no battle against evolution would be fruitful. Nevertheless, given AI is a certainty in the future of law, the applications should be debated. The objective here is to exam applications of AI in Law in Brazil and in the United States of America, and to evaluate its use to resolve conflicts outside the Judicial System, instead of through Justice. With the assistance of the comparative and deductive methods and the Cartesian doubt to process the data, the main conclusion is that AI is more useful for simple and repetitive litigation, and it could deliver benefits through dispute resolution outside the Judicial System, with smart technologies, resulting on a Smart Dispute Resolution alternative.

Argument by Numbers: The Normative Impact of Statistical Legal Tech

The introduction of statistical ‘legal tech’ raises questions about the future of law and legal practice. While technologies have always mediated the concept, practice, and texture of law, a qualitative and quantitative shift is taking place: statistical legal tech is being integrated into mainstream legal practice, and particularly that of litigators. These applications – particularly in search and document generation – mediate how practicing lawyers interact with the legal system. By shaping how law is ‘done’, the applications ultimately come to shape what law is. Where such applications impact on the creative elements of the litigator’s practice, for example via automation bias, they affect their professional and ethical duty to respond appropriately to the unique circumstances of their client’s case – a duty that is central to the Rule of Law. The statistical mediation of legal resources by machine learning applications must therefore be introduced with great care, if we are to avoid the subtle, inadvertent, but ultimately fundamental undermining of the Rule of Law. In this contribution we describe the normative effects of legal tech application design, how they are potentially (in)compatible with law and the Rule of Law as normative orders, particularly with respect to legal texts which we frame as the proper source of ‘lossless law’, uncompressed by statistical framing. We conclude that reliance on the vigilance of individual lawyers is insufficient to guard against the potentially harmful effects of such systems, given their inscrutability, and suggest that the onus is on the providers of legal technologies to demonstrate the legitimacy of their systems according to the normative standards inherent in the legal system.

Large Language Models and the Future of Law

Large Language Models and the Future of Law

Reflecting on the Future of Law and Technology Education: Using Film and Television as a Tool to Teach the Ethical, Legal and Social Implications of Emerging Technologies

Reflecting on the Future of Law and Technology Education: Using Film and Television as a Tool to Teach the Ethical, Legal and Social Implications of Emerging Technologies

Artificial intelligence, digital technologies and the future of law

Intensive use of artificial intelligence and digital technologies is becoming an integral part of our everyday life. Artificial intelligence algorithms are effectively used to diagnose diseases, help overcome language barriers thanks to automatic translation, make court decisions in cases, analyze the psychological state and consumer needs of social network users and, as a result, affect basic human rights and freedoms. In these examples, the advantages are clear, but there are many ethical and legal problems that can lead to serious negative consequences. It is significant that so far the norms of national and international legislation have regulated relations between individuals, but with the development of artificial intelligence, another plane of interaction appears - "man-machine". Communication takes place between a person and an algorithm without the participation of other people, and it is the algorithm that is authorized to make certain decisions: from a chatbot that will offer the best travel options to a robot that will decide whether to let you cross the border or use a weapon against you or whether to hire you. The purpose of the research is to analyze the specific features of the formation and development of the artificial intelligence, digital technologies and the future of law. The main methods used in the work were: comparative, method of abstraction, deductive method, concretization. The results states that artificial intelligence and digital technologies has not succeeded in surpassing humans in creativity and intellectual abilities. However, it should be remembered that over time it will understand its internal structure and will be capable of self-improvement, so society needs to create certain ethical standards for the development and operation of artificial intelligence technologies. The conclusion is oriented on the fact that, the technological paradigm is changing, management models and social norms are changing, large-scale developments are taking place demographic changes. Therefore, all the mentioned above requires additional analyses.

ECOSOPHY FOUNDATION WITH PLACE-BASED EDUCATION MODEL CLINICAL LEGAL EDUCATION

Environmental destruction arises as a result of human wickedness and the absence of legislative acknowledgement of environmental integrity. Historically, the anthropocentric conception of law resulted in legislation serving as a tool for taming and othering nature, with nature existing only as a means to an end: human wellbeing (in terms of human rights). As a legal tool, it might be regarded as natural legitimacy degrading the environment, particularly through anthropocentric power relations, in the name of developing a risk management measuring tool that does not safeguard, but rather perpetuates, this ecological business. If the law remains dominated by an anthropocentric perspective, it will continue to be a mechanism for promoting and legitimizing environmental destruction; environmental law is still biased in favor of human wellbeing, not ecological integrity. As a result of this research, it is important to develop a additional learning model for CLE, one that is based on the Ecosophy (Ecological Philosophy) paradigm, which underpins the Deep Ecology perspective with Pedagogy Place Based Education (PBE). This is a qualitative descriptive-analytical method for expressing the legal situation & needs. The study’s findings indicate that the predominance of anthropocentric perspectives in law, particularly in determining the personality of legal subjects who are exclusively human and human interests (such as companies), must be reinterpreted. This perspective establishes the role of law as a way of taming and othering nature, and more precisely, as a means of instrumentalizing and legitimizing environmental destruction under the guise of exploiting nature. Humans are, philosophically speaking, a component of the ecology. Human equality with nature is consistent with Deep Ecology beliefs. Thus, the expansion of the personality of legal subjects to include non-humans ensures that they receive their rights and are classified as vulnerable groups. Deep Ecology can be used to demonstrate that this PBE model for CLE must have a non-anthropocentric perspective and be more open-minded through the Ecosophy education model: PBE, in order for students to critically and empathetically see the world from a deep-holistic perspective, that vulnerable groups are not limited to humans, but also include nature. This understanding will result in law students who become environmental activists, ensuring that the future of law recognizes environmental integrity and does not justify environmental destruction.

The Need to Codify Law of Tort

Abstract: Law of tort is the branch of law dealing with cases where one party suffers from a legal damage and as a remedy, compensation is provided to that party. Law of Tort in India, is one such branch which has high influence from foreign law , making a deep impact on Indian Judiciary for how to deal with Tort cases. In India, Law of Tort is currently uncodified due to it’s dynamic nature and such differentiability in the nature of it’s cases. The branch is also not very popular among people and it’s Litigation is low in the country primarily because of it’s uncodified nature. Although whatever number of Tort cases the Judicial system of India have witnessed, it is shaping the future of Law of Tort .With hundreds of years of Law being the sole protector of people’s rights , the shifting times demand notable changes in it , and one step closer in achieving it is to codify Law of Tort

Цифровые технологии и правовая аргументация: влияние статистических юридических технологий на право

The introduction of statistical “legal tech” raises questions about the future of law and legal practice. While technologies have always mediated the concept, practice, and texture of law, a qualitative and quantitative shift is taking place: statistical legal tech is being integrated into mainstream legal practice, and particularly that of litigators. These applications — particularly in search and document generation — mediate how practicing lawyers interact with the legal system. By shaping how law is “done”, the applications ultimately come to shape what law is. Where such applications impact on the creative elements of the litigator’s practice, for example via automation bias, they affect their professional and ethical duty to respond appropriately to the unique circumstances of their client’s case — a duty that is central to the Rule of Law. The statistical mediation of legal resources by machine learning applications must therefore be introduced with great care, if we are to avoid the subtle, inadvertent, but ultimately fundamental undermining of the Rule of Law. In this contribution we describe the normative effects of legal tech application design, how they are (in)compatible with law and the Rule of Law as normative orders, particularly with respect to legal texts which we frame as the proper source of “lossless law”, uncompressed by statistical framing. We conclude that reliance on the vigilance of individual lawyers is insufficient to guard against the potentially harmful effects of such systems, given their inscrutability, and suggest that the onus is on the providers of legal technologies to demonstrate the legitimacy of their systems according to the standards inherent in the legal system. The translation and publication of this article is based on the CC BY Attribution-NonCommercial 4.0 International license, under which this article was published in English at https://osf.io/preprints/socarxiv/ts259/. The article is accepted for publication in Communitas (2022).

Thinking about the future in law and in legal work. Review of the bibliographic edition of M.V. Degtyarev "The Future of law. Innovative public law regimes and the latest (atypical) regulatory technologies"

Настоящая публикация представляет собой рецензию на библиографическое издание М.В.Дегтярева «Будущее права. Инновационные публично-правовые режимы и новейшие (нетипичные) регуляторные технологии» (Москва, Буки Веди, 2022).

The Liberal and Post-Liberal Futures of Law and Religion in Australia

The Liberal and Post-Liberal Futures of Law and Religion in Australia

Tort Common Law Future: Preventing Harm and Providing Redress to the Uncounted Injured

Abstract How do courts root themselves in traditional tort principles and policies and also develop tort common law in ways that befit contemporary values? This essay argues that judges should weave classic tort aims of harm prevention and redress with contemporary norms of equality of persons, to provide a fuller accounting to people foreseeably risked and harmed by projects undertaken for financial gain. In essence, common law courts must re-ask the crucial question of who is a neighbor in a shrinking world in which risks and consequences can be traced somewhat farther. The article commends a few recent decisions that compel legal regard for a broader cohort of injured people and promote care for their wellbeing. It also encourages scholars to engage more deeply with the state court decisions that determine tort law’s reach.

The Future Of Law From The Jurisprudence Perspective For Example: The Influence Of Science & Technology To Law, AI Law

The field of law is as old as the human civilization. In the ancient Holy Scriptures the laws of humans, God made Laws, laws of nature, cultural laws, trade laws etc. have been discussed around the world. Even in the stone ages humans were following certain principles and laws which were the basis of law. The sense of right and wrong, truth and lie, positive and negative and so on is something engraved in the humans. Although there is another aspect that some humans consider the wrong as right and right as wrong. There have been different eras in which the scholars of law have made their valuable contributions in their respective societies and communities. The scholars of law are widely known as jurists of law and their contribution has evolved the philosophy of law which is called the Jurisprudence of law. The world in which we are living has laws which have basis from the contributions of renowned scholars of law from different cultures and parts of the world. This article touches the historical perspective, present scenario and future of law. Especially the use of technology in law has brought a revolutionary change in recent decades. The computers, cell phones, social media, internet as a whole, Google play store applications, laptops, i pods and various other devices have made significant changes in old practices and present day practices in the field of law. The judges, law teachers, professors, lawyers, litigants and all persons associated with them are taking immaculate advantage of technology in the field of law. The research methods and techniques have been made simple. This is a fast world in which we are living. No one has time for anything in this era. With the use of technology many time consuming activities can be performed in minutes and seconds in this era. We are heading in a direction of more human friendly and time saving environment. Although humans in different parts of the world have different cultures, norms, ethics, eating habits, religions, physical appearances and opinions but there are certain norms and international practices which are widely accepted around the world. Probably the future of law cannot be predicted at this moment of time because sometimes what the eyes see cannot be spoken rather it can only be seen with the passage of time.

History and future of law: transformation of ideas and images

The article presents the author’s interpretation of the new mission of the history of law, and shows the transformation of the history of law through ideas and images into a new science — the history and future of law. Unfortunately, over the years of the history of the Russian Federation, the innovations in domestic higher legal education neither raised its status, nor enhanced its scientific potential. However, a certain semblance of attention to the problem was constantly present in both political and scientific circles. Sometimes the gap between theory and practice further magnifies the notorious formula “Forget everything you learned.” Only historical and legal analysis is capable of combining the theory and practice of the legal, to infuse the current legislation with meaning.

THE FUTURE OF LAW FROM THE JURISPRUDENCE PERSPECTIVE FOR EXAMPLE :THE INFLUENCE OF SCIENCE & TECHNOLOGY TO LAW, AI LAW

The field of law is as old as the human civilization. In the ancient Holy Scriptures, the laws of humans, God made Laws, laws of nature, cultural laws, trade laws etc. have been discussed around the world. Even in the stone ages humans were following certain principles and laws which were the basis of law. This article touches the historical perspective, present scenario and future of law. Especially the use of technology in law has brought a revolutionary change in recent decades. The computers, cell phones, social media, internet as a whole, Google play store applications, laptops, i pods and various other devices have made significant changes in old practices and present-day practices in the field of law. Hence, the research aim is a consideration material in making future laws about AI in order to protect Artificial Intelligence users around the world. The research methods and techniques have been made simple. This is a fast world in which we are living. No one has time for anything in this era. With the use of technology many time-consuming activities can be performed in minutes and seconds in this era. We are heading in a direction of more human friendly and time saving environment. Although humans in different parts of the world have different cultures, norms, ethics, eating habits, religions, physical appearances and opinions but there are certain norms and international practices which are widely accepted around the world.

The Death of the Legal Profession and the Future of Law

This article identifies the five large-scale changes that have happened or are happening to the legal profession: 1. How technology solutions have moved law from a wholly bespoke service to one that resembles an off-the-shelf commodity; 2. How globalisation and outsourcing upend traditional expectations that legal work is performed where the legal need is, and shifts production away from high cost centres to low cost centres; 3. How managed legal service providers – who are low cost, technology-enabled, and process-driven – threaten traditional commercial practice; 4. How technology platforms will diminish the significance of the law firm; and 5. How artificial intelligence and machine learning systems will take over a significant portion of lawyers’ work by the end of the 2020s. The article discusses how these changes have transformed or are transforming the practice of law, and explains how institutions within the law will need to respond if they are to remain relevant (or even to survive). More broadly, it examines the social implications of a legal environment where a large percentage of the practice of law is performed by institutions that sit outside the legal profession.

Aceh, Qanun and National Law: Study on Legal Development Orientation

This study wants to examine the suitability of Aceh Qanun with National Law related to the Hierakicity of laws and regulations in Indonesia. In theory it is possible that the Aceh Government can build its own hierarchies that are not the same as the Central Government. This relates to the authority of the Aceh Qanun which is not the same as the Regional Regulation but the hierarchy that is built but meets the basic norms of the Indonesian constitution. There are two focuses which are the focus of this research. First, what is the character of the Aceh Qanun as a legal umbrella in the implementation of post-autonomy Aceh and post-peaceful Aceh? Second, What Is the Future of Law in Aceh? The results of the first research, the character of the Aceh Qanun as a legal umbrella in the implementation of post-autonomy Aceh and post-peaceful Aceh is expected to be able to build Aceh better because of the presence of Law Number 18 Year 2001 and Law Number 11 Year 2006 regarding new hopes for the people of Aceh itself specifically in the field of Islamic sharia. Second, the future of law in Aceh in the discussion of legal development, is greatly developing from creating new norms in Aceh Qanun Number 6 of 2014 concerning Jinayah Law, because regulating jinayah law in Aceh does not have to draw the Criminal Code or the Criminal Procedure Code.

Still Alice? or Future of Law / Law without Future in the 21st Century

Still Alice? or Future of Law / Law without Future in the 21st Century