Artificial Intelligence and the Law

Artificial intelligence (AI) has impacted many industries in the modern world, and the legal profession is no exception. Some of the areas that AI has impacted include modeling complex structures (Marwala in Finite-element-model updating using computational intelligence techniques: Applications to structural dynamics. Springer, 2010), condition monitoring of mechanical and electrical structures (Marwala, Condition monitoring using computational intelligence methods: applications in mechanical and electrical systems. Springer, 2012), predicting interstate conflict (Marwala and Lagazio in Militarized conflict modeling using computational intelligence. Springer, 2011) as well as understanding financial systems (Marwala in Economic modeling using artificial intelligence methods. Springer, 2013; Marwala and Hurwitz in Artificial intelligence and economic theory: Skynet in the market, Springer, 2017). The intersection of AI and the law alters how legal systems are used and understood, creating benefits and difficulties. This chapter analyzes the relationship between AI and the law, emphasizing its effects on legal practice, ethical issues, and potential regulatory ramifications.

Access to justice, a fundamental principle of the rule of law, is critical for operating a fair and unbiased legal system. It ensures that communities and individuals have the necessary means to seek legal redress, defend their rights, and participate in the judicial system. Nevertheless, numerous regions face obstacles in pursuing justice, including geographical barriers, inadequate legal resources, and exorbitant fees.

In 2021, in an article for the International Bar Association, Asma Idder and Stephane Coulax pointedly asked, “Artificial Intelligence in criminal justice: invasion or revolution?” With the increasing integration of AI, it becomes evident that neglecting technology is equivalent to jeopardizing one's relevance. Humanity, the authors concluded, is obligated to advance in tandem with technological development.

The seventeenth-century philosopher John Locke argued that the law of nature obligated humans not to cause harm (Mujiwati, Y., 2022. The Concept of the State of Nature on Human Morals in the Viewpoint of State Life. International Journal Of Humanities Education and Social Sciences (IJHESS), 1(5).). It is apparent that this duty to refrain from causing injury to human beings also applies to artificial intelligence (AI) systems, whose decision-making processes increasingly rely on human input.

Isaac Asimov first presented the three laws of robotics in his 1942 short story, Runaround. First, it is imperative that a robot refrain from causing any physical injury to a human being or, by not acting, permits a human to come to harm. Second, a robot must comply with any directive issued by a human if it does not violate the First law. Third, a robot must refrain from engaging in any behaviors or encountering any circumstances that may result in self-inflicted injury as long as this does not violate the First and Second laws.

In contemporary times, it has been noted that data has become highly valuable, akin to gold. The ability to successfully handle and monetize substantial amounts of data is a crucial characteristic of the contemporary world, necessitating human, technological, and infrastructural capabilities. These elements are becoming more and more critical in the generation of new wealth. However, what stands out is the evident discrepancy among countries that have a more significant portion of the technology sector.

Social protection refers to policies and programs implemented by governments to reduce poverty and vulnerability among citizens. The main objective is to create efficient labor markets, minimize exposure to risks, and enhance people’s capability to protect themselves against hazards and income interruption or loss (Dixon, J.E., 1999. Social Security in Global Perspective. Connecticut, US: Greenwood.). Social security, on the other hand, is the protection provided by society through public measures against economic and social distress that could result from sickness, maternity, employment injury, unemployment, invalidity, old age, death, medical care provision, and subsidies for families with children (International Labour Organization, International Labour Office, World Labour Report 2000: Income Security and Social Protection in a Changing World, International Labour Organization, 2000).

The genesis of human beings has engrossed the human imagination and sparked philosophical, theological, scientific, and ethical investigations for millennia (Hahn et al., Nature 400:464–468, 1999; Schummer, J., 2009. The creation of life in cultural context: From spontaneous generation to synthetic biology. The ethics of protocells: Moral and social implications of creating life in the laboratory, pp.125–142.). The intricate nature of human biology, reproduction, and the ethical considerations associated with these processes make investigating human biological creation captivating yet arduous. This section explores the various facets of human biological production, including this significant topic’s scientific, ethical, and social implications.

Artificial intelligence (AI) in healthcare has initiated a novel domain in medical science, presenting revolutionary prospects for augmenting patient care, enhancing diagnostic precision, and optimizing healthcare procedures. At the same time, this technological revolution also offers intricate issues in health liability. Integrating AI in healthcare, which encompasses diagnostic tools, treatment recommendation systems, robotic surgery, and patient management software, gives rise to essential concerns surrounding accountability, legal liability, and ethical considerations.

The convergence of artificial intelligence (AI) and labor law is an ever-changing and fast-developing field of research, posing crucial inquiries and obstacles as technology progresses (Collier in Labour law as technology for humanising work in the digital era. In C. Ncube, Artificial Intelligence and the Law in Africa (pp. 205–224). LexisNexis, 2023). Labor law can be broadly defined as a set of rules governing the legal relationships between employers and employees. These rules apply to both collective and individual levels of employment and cover interactions between employers, employees, and the state. In essence, labor law lays down the framework for the rights and obligations of both parties in an employment relationship.

As we conclude this book on the complex and constantly evolving connection between AI and the law, it is evident that we are at a critical point in the history of technology and legal principles (Leith, 1988; Becerra, 2018). Our exploration of this book has led us from the foundational ideas of AI to the intricate legal, ethical, and sociological dilemmas it presents. AI has been observed to be utilized by and subject to legal examination and control within the legal profession (Marwala, 2013, 2014).