In Tech We Trust? Some General Remarks on Law in the Technological Era from a Third World Perspective

Journal Juridical Opinion (Revista Opinião Jurídica), 17(25), 107-123, 2019

19 Pages Posted: 11 Jan 2019

See all articles by José Everton da Silva

José Everton da Silva

University of Itajai Valley UNIVALI - Universidade do Vale do Itajaí

Erick da Luz Scherf

University of Stavanger, Department of Social Studies

Marcos Vinicius Viana da Silva

Independent

Date Written: August 21, 2018

Abstract

A supposed “common faith” on technology as a liberational tool has entrenched different aspects of life on society, including Law. The advancement of Artificial Intelligence (AI) promises to free the “old” and “inefficient” legal systems from their laziness and bias. However, this instrumentalist view of technology, which embraces it as a tool for the improvement of social life, seems to be an often optimistic one, and does not provide a more critical assessment on the use of AI technology in legal practice. Therefore, among the various aspects of technological advancement that can be subject of scrutiny and critique, this article intends to explore the idea of inequality, related not only to the access to the benefits from technological inventions, but also to the (in)capacity of developing these new technologies, focusing on the development and application of emerging technologies in legal systems throughout the Third World, more specifically in the region of Latin America. In sum, our conclusions were that, due to the many barriers that the countries in the periphery of the globe face in order to achieve the “greatness” of the “developed” world, when it comes to the use of AI in legal practice, for example, what is left for the Third World is to simply assume the role of consumers instead of developers. Notwithstanding, once the marginalized countries embrace the technological gifts from the “advanced” nations and reshape their traditional institutions in order for them to fit in the mold of progress, it comes at a cost no one seems to be discussing a lot about.

Keywords: Law, Technology, Artificial Intelligence, Third World

Suggested Citation

da Silva, José Everton and da Luz Scherf, Erick and da Silva, Marcos Vinicius Viana, In Tech We Trust? Some General Remarks on Law in the Technological Era from a Third World Perspective (August 21, 2018). Journal Juridical Opinion (Revista Opinião Jurídica), 17(25), 107-123, 2019, Available at SSRN: https://ssrn.com/abstract=3306288

José Everton Da Silva

University of Itajai Valley UNIVALI - Universidade do Vale do Itajaí ( email )

Rua Uruaguai, 458
Bloco D, Sala 420
Itajaí, SC Santa Catarina 88302-202
Brazil

Erick Da Luz Scherf (Contact Author)

University of Stavanger, Department of Social Studies

PB 8002
Stavanger, 4036
Norway

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