Artificial Intelligence and Legal Disruption: A New Model for Analysis
Law, Innovation and Technology 12, no. 2 (September 16, 2020): 205–58. https://doi.org/10.1080/17579961.2020.1815402.
47 Pages Posted: 7 Feb 2021
Date Written: September 16, 2020
Artificial intelligence (AI) is increasingly expected to disrupt the ordinary functioning of society. From how we fight wars or govern society, to how we work and play, and from how we create to how we teach and learn, there is almost no field of human activity which is believed to be entirely immune from the impact of this emerging technology. This poses a multifaceted problem when it comes to designing and understanding regulatory responses to AI. This article aims to: (i) defend the need for a novel conceptual model for understanding the systemic legal disruption caused by new technologies such as AI; (ii) to situate this model in relation to preceding debates about the interaction of regulation with new technologies (particularly the ‘cyberlaw’ and ‘robolaw’ debates); and (iii) to set out a detailed model for understanding the legal disruption precipitated by AI, examining both pathways stemming from new affordances that can give rise to a regulatory ‘disruptive moment’, as well as the Legal Development, Displacement or Destruction that can ensue. The article proposes that this model of legal disruption can be broadly generalisable to understanding the legal effects and challenges of other emerging technologies.
Keywords: Artificial Intelligence, AI, Legal Disruption, Governance Framework, Cyberlaw, Robolaw, Disruptive Moment
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