Artificial intelligence could spell the end of human race says Hawking, but
even made use of technology for communication. Inventions should be in control
of mankind for a balanced life. This paper dealing with AI and law comes out of
nowhere but the motivation for sustainable future without disrupting the
environment. It is inevitable that homo-sapiens are programmed to get fascinated
about the era of his inventions.
This paper deals with the invention of AI into
law and its acceptability and accessibility in India. It would nearly and easily
take another decade and half for AI to takeover in India.
This paper surprises
you with the best alternative till the AI hits the Indian market and the view
point of the author of this paper. AI in judicial verdict will be debatable even
it comes into play and top of all these we require highly skilled and
intellectual people to feed, communicate and control the humanoids.
This paper
also refreshes about the law bots for legal reasoning and service from law
sector to the layman for his clarity without spending much for his basic
uncertainty. Our paper also conveys the need to preserve and conserve the mother
earth without dumping the electronic wastes which would cause more effect than
plastic.
We have also analyzed about the pros and cons of AI with law and
aftermath of its bang in India along the much needed conclusion. Finally before
starting with the research, every coin has two sides, it's us who teaches the
future generation about the good and optimistic approach. We guess this paper
would be balanced one to go through in both technological and conserving aspect.
Finally we thank this technology for giving a opportunity for expressing our
views on INDIA V AI WITH LAW.
Introduction:
Will people of India be convinced of AI in legal field? Can development and
skilled workers along with the era of machine-sapiens be accepted by nature and
people? Here, we introduce the machine world taking over the manual work and
minds of people. In the beginning humans would control AI, at later stage will
they control humans? This paper gives a brief introduction to the topic and then
analyse each question asked here and it also interprets the AI with law.
The
paper will also deal with present day AI in legal field like legal reasoning.
This paper will also enlighten about the need to protect the environment along
with technological development. This paper will also be a eye opener for
computer science scholars. It talks about mines act, contract act, and gives
various suggestions in improvising this area. Since law is perennial throughout
the year, the work load can be reduced which will certainly reduce stress for
advocates and judges.
The paper talks about new emerging added field like
commerce along with finance act and also touches intellectual property along
with artificial intelligence. Thus, we have tried our maximum to cover all the
areas associated with law and their emerging trends.
The bot was the interesting
topic which required a lot to research. Robotics which is the fundamentals of
artificial intelligence, it gives fullness to AI. If the brain is AI, then the
body is ROBOT. This development would take technology to another level; there
would be so many changes in this. Let's travel to the world of machines where
human intervention is very minimal. Additionally this would also give raise to
new notions and gives unique perceptions about artificial intelligence
associated with law.
Law And AI:
Firstly, Rules and regulations that are to be followed by people and if it's
violated, the consequences shall be in the form of punishment. Secondly,
artificial intelligence or machine intelligence is that machines are fed with
information required to react, communicate and to deal with the situations.
Example (humanoids) i.e. robots in the form of human. AI with law comes into
play in various forms including law bots, judicial verdict given by humanoids
and so many other things for the reduction in man force and accuracy of the
work. Law inculcated with AI is not that easily adaptable and acceptable in this
versatile and diversified cultural nation, even though westernization and
modernization are playing prominent role in today's world. Still poverty in
India has not been fully eradicated.
This development process can be accepted by
elites and the high class people of the society and not the lower or the middle
ones, although middle ones are always in chaotic mindset and cannot get into
both of the sectors. The history of law evolving from manuscripts to today's
gathering of information about case status in online, there has been a huge
process and the time taken for it to hit the society. Since AI requires high
maintenance and license for it to be used, it takes great skill set from man to
maintain it. An act or legal framework has to be done for the whole set up to
take place.
The use of AI plays a predominant role in
predictive coding where
AI uses the algorithms to learn from the labeled training examples of
predictions and analysis of outcome. Thus AI and law can be used because to
consume time, money and it acts as a good substitute for waste of paper. Law
and AI comes into play in various field of law including jurisprudence ( for
keeping everything preserved in a database ) and it is also varied compared with
intellectual property rights and further AI and law also helps in amending
rapidly according to the changing societal needs because it can store , analyze
and give output whenever necessary.
This process is not as tedious as today's
where we store things and it takes a lot of time to compare or distinguish. It
takes everything as manual where we can use AI and reduce the work pressure from
it. Since India is also a country which takes a long time to dispose of the
cases, AI would enormously help to reduce the time which gives both the parties
and the judge the relief immediately.
BOT:
A Bot(short for robot) that operates as an agent and stimulates a human
activity. A Bot is an automated application used to perform simple and
repetitive task that would be time consuming, mundane or impossible for a human
to perform. There are number of reasons why law firms would want to use bots
.Bots do not require any salary, bonus, an office or other costs that are
required for each attorney.
I embrace a definition of a robot as a machine with
three qualities they are as follows:
- Robot can sense its environment.
- Robot has the capacity to process the information.
- Robot is organized to act directly upon its environment.
Law Bots:
Law bots are search engines like chat bots that are widely used for the purpose
of clarifying doubts of layman without spending of monetary funds. Law bots
also helps in a way for beginners to learn from it .The law bots have certainly
developed in US under (Bots act 2016) by Barack Obama.
It gives legal reasoning
and also explains the need and requirement of each individual. There are also
emerging in India for which causes have been started and it soon requires
lawyers also to operate it. This reduces human work pressure and also the major
problems of forgetting things become clear.
How Law Bot differs from other search engines:
Law bots is different from other web agents or engines available on internet
in the following ways:
Law Bot is designed to facilitate legal search. Legal documents housed on a
server are not typically indexed by Meta crawlers unless they also appear on web
page. Therefore most legal documents are missed by a search request directed to
a general purpose search engine.
Law Bots allow the user to define the search domain. So that documents retrieved
by law but originate only from official sources. Although it is possible to use
law Bot to access Meta crawlers the result of the search will probably includes
unofficial documents from sources other than the database of laws and opinions.
The systematic use of a well formed ontology allows naïve users to effectively
search for legal documents from multiple sources.
The general search engines are nowadays keeping their own database of synonyms
and sometimes a list of contextual words .But as these are all general purpose
search engines , it is almost impossible to know a particular users context or
intention for the search . The possible context of a given word or a set of
words is much larger in general compared to a specific domain like legal search
.Also ,the like hood of these different contexts will be vastly different
depending on the particular domain of search.
AI Bots:
Many think that it is merely the beginning of this trend and
that artificial intelligence and robotics do have a future in law firm. Some
experts have predicted that within fifteen years law firms are going to use AI
bots to handle a number of matters that involve processing a large amount of
information. The bots can be used for multiple projects at once by lawyers at
the firm and learn as they work on project, so the more they are used the more
effective they become .
Changing Legal field:
According to consultants studying this issue, the
rise of AI would change the legal field. Law firms would be able to save money
switching to AI bots but it is also possible that eventually clients will also
not be willing to pay more than what AI work cost the firm. Larger law firms
would more likely to use AI bots and similar technology smaller firms are also
going to face challenges from services that provide legal forms online to
virtual law firms.
While AI bots may seem more of a science fiction than reality today.
The same could be said for other tools, such as predictive coding used heavily
in law firms. Due to various factors including the pressure to cut fees and
technology the legal industry is changing and firms need to structurally adapt
in order to stay competitive.
Can Judicial Verdict Be Given By AI?
Judicial verdict or judgment given should be within ratio decidendi, obiter
dictum and stare decisis according to substantive law. Coming to the need of AI
in giving judgment is that principles of natural justice, which consists of two
basic pillars according to administrative law.
Nemo in proporia causa judex, esse debet ( no one should be made judge in his
own case or the rule against bias )
Audi alteram partem (rule that no one should be condemned unheard)
Thus, according to first rule, there comes bias of various types that include:
- Pecuniary bias
- Personal bias
- Subject matter bias
- Departmental bias
- Preconceived bias
- Bias on based on obstinacy
Although these problems can be resolved by Doctrine of necessity (excludes bias
and prejudice).
There are several cases that have been cited for bias of various types. We guess
if AI is working with giving judgments without bias and prejudice and thus
justice could be rendered more easily. In assistance with some person in
authority, the final decision can be given by AI, so that true and fair nature
of the decision could be reflected. There can't also be 100% perfection but as a
whole this can reduce the commitment of negligence or mistake.
The very famous
and popular ROSS intelligence (legal search engine) is gaining so much attention
in US, similar way many other countries are adapting so many like IBM WATSON
question answering computer system which also can understand natural language,
practice league is currently dealing with Amazon and Google to inculcate AI into
its company, also the one that pioneered in the legal research is CASE MINE
which is the talk of the town. Thus, it is getting developed in other countries
like USA, Canada and others. Though there are several notions going on for
development of AI, another group which exists is totally against use of
intelligent assistant.
ADR With AI!
ADR (alternative dispute resolution) is alternative for court proceeding which
include evaluation, negotiation, conciliation, mediation and arbitration. ADR
basically gains people who avoid going to court. It consists of simple procedure
such that the expenses along with the time usage would be reduced. ADR
additionally doesn't contain very stringent rules like in the court proceedings
and there would be so much freedom for the parties to communicate in their
comfortable manner.
Another very important factor in ADR is that confidentiality
that is maintained, the matter would not reach others unless and until parties
wish to.
The arguing can happen in a very private manner. The very notion of
using an artificially intelligent robot to solve problems is gaining attention
and has become normal to literate class of people, further we require only
skilled employees to assist the robots and their participation need not be fully
given in this. Baic step would be negotiation between the parties and if this
does not help they would move on to mediation where a third party called
mediator exists and similar way of proceeding but court does not intervene.
Mediators are trained people in negotiation.
In a very simplified form,
mediation is photocopy of litigation but an alternative. Arbitration involves
very similar to court proceeding and they have simple rules and evidences should
be produced. The arbitrators argue for each party and they have a panel to
decide the case.
This whole process of arguing with the help of arbitrators can
be done by AI where only checks and balance are necessary. Thus, alternate
dispute resolution is itself gaining momentum now, it may be soon for us to talk
about AI with ADR but we guess this would be the best option because of its
advantages than its cons. Last but not the least, ADR doesn't restrict itself
into single field, they work on all matters like company, civil, criminal,
family etc.
IPR And AI:
AI includes natural language processing, speech processing, and robotics. They
follow programming rules and training datasets. Feedback can also be given to AI
.IPR relates to intangible assets like copyright, trademark, patent, industrial
design with extended application on trade secrets for keeping it confidential.
Copyrights:
original, unique and new work on any drama, art, music and
literature includes copyrights. They should be complied and coded in data form.
AI plays a significant role in copyrights as it should protect from third party
or unauthorized usage. The owner and secrecy must be maintained in a written
document.
Digital locks given by companies can also protect their product from
unauthorized usage. Policies of the company should be stringent that third party
intervention should be specified. Even though there is dilemma whether the work
is done by machine or human, this area is getting stronger for protection.
Trademark:
It consists of letters, words, sounds or design that differentiates
one company's product from others in the market. AI with algorithmic
accountability can gain goodwill for the brand.
Patents:
the protection for invention is only for certain period of time. For
this period, the inventor has the rights to make, use, or sell in exchange of
full and clear disclosure of how to work with the invention made. For this
protection AI is used.
Thus, intellectual property is closely related and it is the most researched
topic now a days. So, this would have gained more clarity by now. The next step
of this 3D printed painting developed by facial recognition algorithm.
Auditing With AI:
Basically as we all know it takes a chartered accountant to prepare the balance
sheet and profit and loss sheet for any client. After this process there goes a
step of auditing which is done by vouching ( examination of documentary evidence
in support of entries to establish arithmetic accuracy) which is then followed
by verification process which confirms the assets and liabilities. We here state
that the verification process and even the auditing process can be done with the
help of AI.
They can create a database and feed the necessary items and thus the
work pressure and expense for auditors can be reduced by only giving to
accountants. Robots can also be used to get honest feedback and for internal
check in the company. The employment and salary expense can also be reduced.
Defalcation can be stopped and errors along with fraud can even be brought down
completely. Quantity and quality would surely be increased. This notion came
because one of the writers had personal experience with the income tax sheet
submission. According to Indian contracts act, they can also keep the documents
and agreement and easily accessible. Evaluation, analysis, and interpretation
will be easier and valuable.
Pros And Cons Of AI:
Pros Of AI-
- Time consumption level: AI can work for 24 hours in a very rapid manner
such that it takes very less time for completing the given work. If charged,
there requires no substitute for AI.
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- Accuracy level: There are so many human made errors that's where the very
start of invention is calculator was introduced after which calculation becomes
easier, similarly the level of errors and faults made can be minimized.
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- Fraud: The major problem in any field if we consider is the fraud done
in the work. After so many decades of industrialization and with so much
technology we are not able to reduce and deduct easily. AI when used we can
fully rely on its data. This plays a significant role in almost all areas.
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- Permanency and less expensive: AI can store large amount of data and it
can also be permanent and consistent unlike people who leave after certain
period of time and AI requires one time investment, thus there is no need to
give regular salary basis.
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- Versatile: AI is up coming in all field including space exploration,
perform surgery and many major areas. From heavy working jobs which require
more physical work and to mental strength, it is gaining the grip all over
the world. Its versatility makes it go even more eye-catching for all humans
to employ it.
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- In legal field: law Bot is the best advantage any lay man could every
experience. It would totally shake the legal side in present time.
Cons of AI:
- Need of electricity: AI requires constant electricity supply, we are
depleting the natural resources for electricity thus, this would be major
problem not in present future but in a long run, this would seriously be a
factor of problem.
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- Unemployment: Even though manual checking is required with skilled
workers to handle robots; there would also be major setback that many would
be unemployed. This will make many people's life miserable.
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- Getting license: Making a robot go through various stages of testing and
then finally getting approval would require lot of patience and there is
higher probability of not getting license at all. Also feeding wrong
information which may be harmful to society or any individual would also be
a problem.
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- E-waste: Dismantling the robot and disposing the parts of it would be a
challenge. The world is already polluted by all types of plastic waste which
causes immense effect on marine beings. This wholly causes the supply chain
to collapse and finally result in natural disasters.
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- Making expense: The making of robot requires lot of technical and
skilled workers with high intelligence and the expense would generally be
very high. It increases for different types of robots like Cartesian,
articulated, polar, SCARA, delta. Thus for humanoid it would be even more.
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- In legal field: there are more cons which are actually discussed in the
paper including judicial verdict, But it is inevitable development.
Recommendation:
- Since everything is getting computerized, it would be appreciated if law
schools include AI along with computer as subject so that youngsters can
learn about legal coding method and use of AI for day to day practice
purposes.
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- For a good start and for gaining people's acceptance and more like trial
and error method, we can use AI for road rules. As we know highways
accidents keeps increasing day by day and it can be controlled or kept under
check by sensors using AI for checking the speed limit and immediate action
can be taken.
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- This could be most important one, dispose of electronic waste in a more
efficient manner since they emit more harmful chemicals than other plastic
wastes. This must also take place in a procedural and in its process it must
not affect the environment.
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- In our country they can create legislation or any regulation about the
usage of AI (as given in US by barack obama in the year 2016 BOTS ACT).
This way it could help all the citizens to know about this.
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- All the whole, main aim is to reduce poverty and become a developed
nation, so companies can conduct awareness programs about AI to poor or
weekend sections of the society and it can also be included in CSR of the
company. The companies can also create humanoids and they can also teach the
illiterates like SOPHIA (humanoid robot).
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- Employing skilled employees for the taking control and care of humanoids
developed can create employment opportunities for talented ones.
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- In a natural way, geothermal energy is the best way to produce
electricity which plays the major important role in usage of robots, and new
ways can also be found naturally for production of electricity.
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- Mining is very dangerous after certain depth, where they can send self
driving trucks and robotic drill and thus the death of people during mining
can be drop down.
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- Conventions can be made at global level and treaty can also be signed as
given for space, air laws etc, this could make clearer for all the countries
to have peace treaty.
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- Though this may deviate from the topic, India is a agro-based country,
so for manual work AI can be inculcated and tasks can be made easier for
farmers of our country and even for protection of country, instead of
solider there can be humanoids which could withstand extreme weather and can
attack with more heavy weapons.
Conclusion:
Yes and AI will absolutely reduce work opportunities for humans but in a way it
paves way for talented and skilled workers, in a more precise sense passionate
people. It is inevitable that AI will take over in few years but we guess taking
it in a very optimistic way, we forgot our
kula thozlil i.e
traditional and our own land job. The main root cause for change in environment
and supply chain is because we started working for what does not belong to us.
We guess if each of us goes back and learn that, it would really bring a change
in society. As quoted in the beginning about Stephen hawking saying, inventions
lead to destruction. I guess after few years' management and treatment of
e-waste would be a bigger deal for the society. AI should be under the control
of human until when there would be fewer problems. This would lead to
sustainable growth and development.
This paper was wholly done with the idea that even though we are against certain
technological development, we have used to use it. Thus for concluding, too much
of anything is good for nothing. Optimal usage of AI would really bring
betterment to the country as a whole for taking to next step of developed
nation. We are not against technology and if we are nothing can stop from
getting closer to it, so minimal and smart usage would make it harmless for the
environment. As we believe in LOKHA SAMASTA SUKHINO BHAVANTU.
End-Notes:
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https://legal-tech-blog.de/ai-in-law-definition-current-limitations-and-future-potential
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https://www.forbes.com/sites/bernardmarr/2018/05/23/how-ai-and-machine-learning-are-transforming-law-firms-and-the-legal-sector/
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https://www.newlawjournal.co.uk/content/rise-lawbots
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https://www.linkedin.com/pulse/lawbots-artificial-intelligence-future-law-practice-azman-jaafar
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https://www.techopedia.com/definition/24063/internet-bot
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https://www.sovereigntylaw.com/2017/03/artificially-intelligent-arbitration-logical-endpoint-adr/
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http://www.wipo.int/amc/en/
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https://www.law.cornell.edu/wex/alternative_dispute_resolution
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http://www.legalserviceindia.com/article/l25-Nemo-in-propria-causa-judex,-esse-debet-THE-RULE-AGAINST-BIAS.html
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https://ssrn.com/abstract=2417415
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https://ssrn.com/abstract=1108671
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Company secretary book (accounts and auditing ) refer last chapter
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https://na.theiia.org/periodicals/Public%20Documents/GPI-Artificial-Intelligence-Part-III.pdf
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https://content.wisestep.com/advantages-disadvantages-artificial-intelligence/
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https://futureoflife.org/background/benefits-risks-of-artificial-intelligence/
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https://www.linkedin.com/pulse/pros-cons-artificial-intelligence-mike-fekety
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https://www.arrkgroup.com/thought-leadership/artificial-intelligence-the-advantages-and-disadvantages/
Written By: Varshini.S, B Com LLB (Hons) - Sastra University (Tanjore)
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