ARTIFICIAL INTELLIGENCE- A VIABLE PATH TO REACH THE GOAL IN THE FIELD OF LEGAL DOMAIN BY - DR. ANITA YADAV
ARTIFICIAL INTELLIGENCE- A VIABLE PATH TO REACH THE GOAL IN THE FIELD OF LEGAL DOMAIN
AUTHORED BY - DR. ANITA YADAV
ASSISTANT PROFESSOR
School Of Law,
Justice & Governance
Gautam Buddha University
Abstract
Artificial intelligence is a field of study that encompasses
computational techniques for performing
tasks that apparently require intelligence when performed by humans. The most important
purpose of artificial intelligence is to increase man’s understanding of reasoning, learning and perception. Better understanding is required to build new development tools and to achieve a more mature view
of human intelligence than what currently exists.
The launch of ChatGPT chatbot
and image creation
tools such as Dall-E and Midjourney last year brought
to centre stage the immense
scope of AI, which offers new tools for productivity, invention and discovery, but also warps basic notions of truth,
leaving people unable to discern whether
the text, images and videos
they see are real or synthetic. The
use of AI in legal courts around the world has been expanding exponentially, with newer developments emerging on a daily basis. My
present paper will focus on the advantages of
artificial intelligence in the field of legal domain especially by
courts and academics, also emphasis on challenges and suggestions to control misuse of AI “Data-driven systems can perpetuate bias and marginalise the social control
mechanisms that govern human behaviour. We should look at science and
technology as significant leads to human development, AI image generating software
while fascinating could be misused
to create deep fakes to mislead, threaten and bully individuals.’’
Chief Justice of India Justice D Y
Chandrachud on Artificial
Intelligence (AI). AI has the
potential to perpetuate and amplify discrimination.
Key words- AI[ Artificial Intelligence], Computer,Chat-GPT,Midjourney ,Technology.
Introduction
We are living in an era where technology has virtually taken the role of
a school, a mentor and even a friend.
In every field just clicking one button is enough to create new ideas that are far beyond the imaginations of our ancestors. Artificial intelligence
under the penumbra of cyber jurisprudence is not a new concept
but its use and demand with the time facilitate
the human beings with new tools in form of chatgpt, Bhashini, Alexa,
Siri, Teres,drones, driverless car
increases in form of dependency on technology.
Remembering the old age mythology
stories how demons can change their voices and how they do magic by using their powers. But when we are thinking about
such kind of demon, one can compare it with Robots that work with their own sensors and processors that make them
as powerful as humans at least in
specific talks. When we think of the possibility of either a technological
malfunction that can make the Artificial Intelligence driven devices turn into rogue machine
or the possibility of them being
taken over by enemies of the society we are confronting a digital demons who may decide to turn on the
creators himself to test how the inventions be more successful than human intelligence. The intelligence of humans should lie in ensuring security
by design. When they design the Artificial intelligence based devices
before developing such devices
it is necessary to adopt some rules and regulations on technical platforms
that ensure the safety of
cyberspace .
WHAT IS ARTIFICIAL INTELLIGENCE?
Artificial Intelligence is a term used to describe the adept ability of
automated computer systems and the
digital algorithms to perform the tasks that would typically require human intelligence. Intelligence is a state
grasping the truth, involving reason, concerned with action about what is good or bad for human being, the ability
to learn or understand from experience, the ability to acquire and retain
knowledge and the ability to respond quickly and successfully to a new situation, use of the faculty of reason in solving problems, directing the conduct effectively. The test of a first rate intelligence is
the ability to hold two opposite ideas in
the mind at the same time and still retain the ability to function. This
process of learning when adopted and
created by human beings into a machine which is not real or natural by applying
various scientific and engineering techniques. That is known as ‘Artificial Intelligence’.
The term Artificial Intelligence was first used by John McCarthy in 1956 it is used unanimously and widely by all the scientists, engineers and researchers worldwide.[1]
Different researchers have proposed different
definitions of AI based on their own study and understanding of the subject. Some of these are given below:
“AI is the automation of activities that we associate with human thinking, activities such as decision making, problem solving, learning…..
-
- Bellman,1978
“AI is concerned with designing
intelligent computer systems which exhibit the characteristics we associate with intelligence in human behaviour.”
-Barr and Feignenbaum,1981
“AI is the study of mental
faculties through the use of
computational models”.
-Charniak and McDermott,1985 “AI
is the study of how to make computers do things at which,at the moment,people are better”
-Rich and Knight,1991 There
can still be many more definitions of AI, it is difficult
to define intelligence or Artificial Intelligence and it can be concluded
that there is no standardise definition of AI as such,yet
it has been accepted that whichever system
exhibits the following characteristics/behaviour can be considered as
intelligence:
1- Learning,
2- Understanding ambiguity,
3- Handling the complexity,
4- Responding quickly,
5- Reasoning,
6- Inference,
7- Having
vision,
8- Maintaining knowledge regarding a particular task,
The term artificial intelligence is also used to describe a property of
machines or programs: the intelligence that the system demonstrates. Artificial intelligence is a combination
of science and engineering for
making machines which behave in an intelligent manner . Many years ago when the first computer that
printed the payroll slip would have been considered intelligent because at that time a human being was preparing the
payroll, but in today's context it is not an intelligent task. Human beings are intelligent because they possess
knowledge about the problem , they acquire
more and more knowledge to analyse, to manipulate,
to reason and to do so many other things which collectively make us , perhaps, the most intelligent among the species
present across the globe. In the present era knowledge is the backbone of AI which uses knowledge of the relevant field
are considered as intelligent. That
distinguishes an AI program from a normal computer program is the presence of a knowledge component of it.
International approach
to adopt the Artificial Intelligence tools in legal domain:
Artificial Intelligence will revolutionise the way in which different
companies compete and grow across the world by representing a new production factor that can drive business profitability. In order to realise the
opportunity of AI, most of the companies in the world are already
developing actively in various Artificial Intelligence strategies. In addition, they should focus on developing responsible AI
systems aligned with ethical and moral values that lead to positive feedback and empower people to do what they
know best such as innovation. To capitalise on this opportunity, the study identifies eight strategies for the successful implementation of AI that focuses
on adopting a human-centric approach
and taking innovative and responsible
measures for the application of technology to companies and organisations in the world. The
legal industry is no exception, with law firms and legal departments turning to AI to improve efficiency and
productivity, as well as to provide better services to clients. However,
the use of AI in the legal industry has also raised
concerns about its impact on employment and legal
ethics. In this article, we will explore the benefits and challenges of using AI in the legal industry and
examine the potential implications for the future of the legal profession.[3]
AI systems can swiftly learn from data and commands
and adapt their behaviour, making
them incredibly powerful
tools for innumerable usages and applications. There are different types of AI, as of today, including machine
learning, deep learning,
natural language processing, robotics etc. machine learning and deep learning algorithms will
allow computers to recognise patterns
in vast amounts of data and make predictions based on those patterns. Natural language processing enables
computers to understand human language and respond accordingly, such as in empathy and informing manner. Robotics
combine the hardware and software
components that can perform tasks autonomously, such as drones which are used for
multifarious purposes.
USA
AI-powered tools such as COMPAS (Correctional Offender
Management Profiling for Alternative
Solutions) assist judges in risk assessment by analysing factors such as
criminal history, social and economic
background and mental health to predict the likelihood of recidivism. The US Sentencing Commission also utilises AI to
create and enforce sentencing guidelines
for fair and just punishment.
The US court system utilises chatbots to offer answers to frequently
asked questions about court procedures, schedules and other related subjects to the general public. This helps lessen the workload of court staff and
enhances accessibility of information for everyone.
China
China's Smart Court system aids judges with AI technology that can
analyse past cases and suggest
applicable laws and precedents. It can also recommend sentences based on similar cases,
allowing judges to make
informed decisions and deliver justice quickly.
Chinese courts use AI for legal research. The 'China Judgements Online'
platform, powered by AI, allows judges to quickly find relevant legal documents.
United Kingdom
The UK Ministry of Justice introduced the Digital Case System in 2020 for
the crown courts. It offers real-time
case updates and remote court participation and allows for the digital submission of evidence to reduce paper
usage. The Bar Council's Ethics Committee provides guidelines for
criminal law barristers accessing the online portal.
India
When the “e-Court Project,” a project under the National
e-Governance Plan, was announced
in 2007, the process of digitising Indian courts got under way. All District and Subordinate Court complexes
are intended to be completely computerised and ICT-enabled as part of the e-courts
Mission Mode Project,
which is being carried out by the Department of Justice in close collaboration with
the e-committee of the Supreme Court of India. The Artificial Intelligence Committee was created by the Indian Supreme Court to examine how AI is used in the legal system. The
three primary applications for AI technology that this committee has identified are process automation, assistance with legal research, and translation
of legal documents. Despite the second phase of the e-courts having been under development since 2015, AI technology has not been applied there.[4] The overwhelming number of cases that are still
outstanding across India, where the same information has been made available
on the National Judicial Data
Grid[NJDG] website is the system's fundamental
issue. To examine the use of AI in the judicial sector, the Supreme Court of
India formed the Artificial
Intelligence Committee and has offered a wide variety of prospective applications. The second phase of the
e-courts projects, which have been operational since 2015, is being implemented, and law minister Kiren Rijiju stated
that it was necessary to use new, cutting-edge technologies like machine
learning and artificial intelligence to improve the effectiveness of the justice delivery system.
Since 2021, the Supreme Court has been using an AI-controlled tool
designed to process information and make it available to judges for decisions. It does not participate in the
decision-making process. Another tool that is used by the Supreme Court of
India is SUVAS (Supreme Court Vidhik
Anuvaad Software) which translates legal papers from English into vernacular languages and vice versa.Currently, there are no specific laws in India with regard to regulating AI. Ministry of
Electronics and Information Technology (MEITY), is the executive agency for AI-related strategies and has constituted
committees to bring in a policy framework
for AI.
The Niti Ayog has developed a set of seven responsible Ai principles,
which include safety & dependability, equality,
inclusivity and non-discrimination, privacy and security,
transparency, accountability and the protection and reinforcement of
positive human values. The Supreme
Court and high courts have a constitutional mandate to enforce fundamental rights including the right to privacy. In India, the primary legislation for data
protection is the Information
Technology Act and its associated rules. Additionally, the Digital Personal Data Protection Bill has been introduced
by MEITY, although it is still awaiting formal
enactment. If this bill becomes law, individuals will have the ability
to inquire about the data collected
from them by both private and government entities, as well as the methods used
to process and store it.
How far Artificial Intelligence helpful for legal system—
1.
Case prediction,
2.
Speed-up legal processes,
3.
Unbiased legal system,
4.
Transcription of Judgements,
5.
Collect legal data analysis.
6.
Generate authentic legal documents.
7.
Making decisions more efficiently.
AI-powered systems
can analyse massive
volumes of data quickly and accurately,
saving time and effort on legal tasks. As a result, everyone may have better access to the court system and the legal system may function
more effectively.AI can look at a lot of data and analyse trends that
human specialists occasionally
overlook. Judges and solicitors can provide more accurate outcomes by making clear and informed decisions.AI can
help cut down on the amount of cases that are waiting in Indian courts.
Judges and solicitors can more easily analyse,
evaluate, and interpret
data thanks to the technologies’ ability to quickly locate
critical information from vast quantities of
legal documents. As a consequence, disputes may be settled more rapidly,
cutting down on the amount of time
needed to resolve cases, which can save the court money and lower the
expense of litigation for the public.[5]
CAN ARTIFICIAL INTELLIGENCE REPLACE THE LAWYER?
By enhancing the speed, accuracy,
and efficiency of numerous legal operations including contract review, legal research,
and document analysis, artificial intelligence
(AI) has the potential to completely change the legal sector. AI won’t
likely completely replace attorneys,
though. While AI is capable of carrying out a variety of legal duties, such as document assessment, it is yet
unable to give legal advice or make strategic
judgements based on intricate legal and ethical
issues. Additionally, legal issues sometimes include complex events and human
emotions that AI might not be able to manage well.[6]
A human touch is also necessary in the legal profession since tasks like client counselling, bargaining, and courtroom
representation cannot be performed by AI. It’s
doubtful that AI will ever entirely replace attorneys in the foreseeable
future. Although artificial
intelligence (AI) technology has advanced significantly in recent years and can be used to automate some operations,
such as legal research, document review, and
contract analysis, it lacks the human judgement, creativity, and
interpersonal skills that are
required for many legal duties.There are around 47 million pending cases in the courts and more cases are added every
year.. A wide range of duties that need legal
expertise, analytical prowess, and judgement are also included in the
legal profession. These activities frequently need attorneys
to apply legal concepts to
particular and complicated factual
situations, which can be challenging for AI to execute properly and efficiently. Although AI can be a
beneficial tool for attorneys to boost productivity and efficiency, it is doubtful that AI will totally replace lawyers.
On the other hand, as AI technology develops,
it may be more fully incorporated into the legal industry and alter the way attorneys practise. AI systems,
unlike trained attorneys, do not have to acquire a licence to practise law and therefore will not be
subject to ethical standards and professional
codes of conduct. If an AI system provides inaccurate or misleading legal advice,
who will be responsible/accountable
for it? The developer or the user?
The usage of Ai in the judiciary
also poses a problem even if judges retain ultimate
decision-making authority. It is not uncommon to become overly reliant
on technology-based recommendation due to automated bias.[7]
Challenges that can be making
artificial intelligence impracticable
under Indian legal system:
1. Bias:- Artificial intelligence (AI) systems may reinforce prejudicial
attitudes already present in the
legal system, producing biassed outcomes. This is especially true in India, where the legal system already treats marginalised
communities unfairly. Analysing the training
data and techniques employed by AI systems in detail is crucial to lowering
this risk.
2. Lack of Transparency: AI systems are frequently secretive,
making it challenging to comprehend
how judgements are made. The judicial system may become less trusted as a result
of this lack of openness.
3. Limited Data Availability: In order
for AI systems to function properly, they need
a lot of data. It is difficult to adopt AI-powered systems successfully
in India since there is a dearth of
digital data in the judicial system.
4. Ethical Issues:The employment of artificial intelligence in civil disputes
poses ethical issues related
to privacy, autonomy, and accountability. To guarantee that AI is utilised in a responsible and ethical
manner, careful examination of these issues is
required.
5. Job
Losses: Lawyers and paralegals may lose their jobs as a result of the use of AI in civil trials,
as these professionals may be replaced
by AI systems. The legal industry,
as well as the general
economy, may suffer
as a result.
By enhancing productivity, accuracy, and justice access, the application
of AI in legal matters in India has
the potential to completely alter the way the judicial system operates. However, there are certain moral and legal
issues that must be resolved, such as
prejudice and discrimination, a lack of openness, issues with privacy, job losses, and access to
justice. To make sure that AI systems are created and used in a way that supports
fairness, accountability, and social justice,
the legal community, legislators, and technologists must collaborate.
Is the use of artificial intelligence impacting the future of judicial decisions?
Artificial intelligence has enormous potential
to be used for social good and achievement
of the sustainable development goals. Even as it is being used to help address many of humanity’s most critical
social issues, its use is also raising concerns about infringement of human rights like the right to freedom of expression, right to privacy, data protection, and non-discrimination. AI based technologies offer major opportunities if
they are developed in respect of universal norms,ethics
and standards, and if they are anchored in values based on human rights and sustainable development. Since 2021,
the Supreme Court has been using an AI-controlled tool designed to process information and make it available to judges for decisions. It does not participate in the decision-making process. Another tool
that is used by the Supreme Court of India is SUVAS (Supreme Court Vidhik Anuvaad
Software) which translates legal papers from English into vernacular languages and vice versa.[8]
The supreme court of india in february
2023 first time used the artificial intelligence software to start live transcription of hearing and its artificial intelligence committee in 2022 launched
the portal called the Supreme court portal for assistance in courts efficiency[SUPACE]. SUPACE was primarily
aimed at providing digital
infrastructure to further the purpose of the digitisation of the court process with other objectives. The
then Chief Justice of India described a system
designed to aid a Judge with facts in writing verdicts but cautioned using their own intelligence as an independent
Judicial mind with a sense of right and wrong.[9]
In case of supriyo vs. Union of india Supreme court of india tests the use of artificial intelligence to transcribe hearing
by use of TERES. By using teres software the supreme court began a new
system that uses artificial intelligence and
natural language processing [NLP] technology to test live transcription of oral arguments. This is the first time in the
history of the apex court such a system has been
implemented.
Generative Artificial Intelligence technologies, such as chatGpt, are often celebrated as transformative forces across various
sectors, and are often even perceived to challenge
the necessity of human involvement in such sectors.
Nevertheless, the legal sector in India has harboured a degree of scepticism towards AI, and adoption is slow. In the
case of christian Louboutin SAS &
Anr. vs. M/S the shoe
Boutique-Shutiq[CS[COMM] 583/2023], the Delhi high court asserted that,in its present state of
technological development, AI cannot replace
human intelligence in the adjudication process. It emphasised that
responses from AI chatbots cannot
serve as the basis to adjudicate legal or factual matters in a court of
law.
Communication components antenna inc. vs. rosenberg hochfrequenztechnil gmbh & co.kg. &
ors.[10] [18th february 2021].-
Justice Pratibha singh delhi high court
remarked that the permissibility of live transcription in the court proceedings is a welcoming
technological reform. Transcription ensures permanent record keeping for future reference.
The case does not completely prohibit artificial intelligence in the
legal arena but defines its use as suitable for preliminary understanding and research. As determined by the Punjab and Haryana
high court in case of bail jurisprudence.[11] Generative AI technology
like chat gpt or google bard is making things
simpler for millions of people. The growth of AI space in recent years has alerted the judiciary and government about
its potential misuse and the current level
of AI development even the judiciary seems to be a little sceptical of the AI technology.
UNESCO’s Judges Initiative– Since 2014, UNESCO and its partners
have been training
judges and judicial
actors on freedom of expression, public access to information and safety of journalists,
mainly through Massive Open Online Courses (MOOC). More than 17,000 judicial actors
have been trained in Latin America, in partnership with the
Inter-American Court of Human Rights,
as well as in Africa, where UNESCO has partnered with the Center for Human Rights of the University of Pretoria, the
African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights and the Economic
Community of West African States.[12]
The 2023 SDG Report warns that the promises enshrined in the SDGs are in
peril. Although the slowdown in
progress towards the SDGs affects all nations, it disproportionately impacts poorer countries because
of their limited representation on the global platform. Once more, the growing economic disparity between
developed and developing countries, coupled with the unequal effects
of the climate crisis, is a significant worry.
UN secretary-General António
Guterres recently sounded
a warning. “Unless
we act now, the 2030 Agenda will become an epitaph for a world that might have been.” The world is now witnessing a rise in extreme poverty, a trend not seen in a
generation, with projections indicating that 575 million
people could still be living
in extreme poverty
by 2030. We are running out of time, and there is a
renewed urgency to act — AI could be our great definer.
Conclusion
AI has many potential benefits
for society, such as improving
healthcare, education, transportation and entertainment. However,
AI poses challenges and risks, such as ethical
dilemmas, privacy violations,
bias, discrimination and security
threats.
To address these challenges and risks, a global group of AI experts and
data scientists has released a new voluntary
framework for developing artificial intelligence products
safely. The World Ethical Data Foundation (WEDF) has
25,000 members, including staff at tech giants
such as Meta, Google and Samsung. The framework contains 84 questions
for developers to consider at the start of an AI project.
However, with a surge
in usage of AI, there
is a growing need to have exclusive legislation for the regulation of AI, for eliminating
in-built or acquired bias and to address ethical concerns while using it. There are white papers,
guidelines and policy in jurisdictions such as UK, USA and EU which target algorithmic impact assessment and
elimination of algorithmic biases. The European
Parliament recently adopted
amendments to its proposed Artificial Intelligence Act.
The amendment proposes to include a ban on the use of AI technology in
biometric surveillance except for law
enforcement, subject to judicial authorization, and for generative AI systems like ChatGPT to disclose
AI-generated content. GPAI [The Global Partnership on Artificial Intelligence (GPAI is a multi-stakeholder initiative
which aims to bridge the gap between
theory and practice on AI by supporting cutting-edge research and applied
activities on AI-related priorities.
Suggestion
Scope of AI in the term of innovation
is endless, nations around the world need to shake hands to create uniform regulations to address the issues, so
that a global consensus or regulatory framework on the ethical and
responsible use of AI can
be adopted.
Specific to the legal sector, courts must continue to develop
Jurisprudence on the responsible usage
of AI in the adjudicatory process, with
a focus on striking a balance between adopting
AI and preserving the human element of Justice. Taking a cue from the
US, the Indian Courts may also enforce mandatory
disclosures regarding AI usage, including
specifying the name of the AI tool, the manner in which it was
employed, and the specific portions
that were drafted or researched using
it. Further, it is imperative for the
legal fraternity as a whole to actively engage
in policy discussions concerning the utilisation of AI tools.
Need to determine the scope and limitations, ensuring the protection of
confidential client data and
addressing the risks of entrenched bias that could adversely affect
marginalised groups.
The G-20 leaders in new delhi 2023, committed to leveraging AI for the
public good by solving challenges in
a responsible, inclusive and human
centric manner while protecting the people’s
rights and safety. Such kind of declarations must be strictly followed by all
by adopting the anticipatory regulation approach.
Abbreviation-
AI- Artificial Intelligence EU- European union
MOOC-
Massive Open Online Courses NLP-
Natural Language Processing SDG-
Sustainable Development Goals
SUPACE- Supreme Court
Portal for Assistance in courts SUVAS-
Supreme Court Vidhik Anuvad Software
S.C.-
Supreme Court UN- United Nation
USA- United States of America UK- United Kingdom
UNESCO-
United Nations Educational Scientific and Cultural Organisation WEDF-
World Ethical Data Foundation
References-
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