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

See all articles by Hin-Yan Liu

Hin-Yan Liu

University of Copenhagen - Faculty of Law

Matthijs M. Maas

Centre for the Study of Existential Risk, University of Cambridge; University of Cambridge - King's College, Cambridge; University of Copenhagen - CECS- Centre for European and Comparative Legal Studies

John Danaher

National University of Ireland, Galway (NUIG) - School of Law

Luisa Scarcella

affiliation not provided to SSRN

Michaela Lexer

University of Graz

Léonard Van Rompaey

affiliation not provided to SSRN

Date Written: September 16, 2020

Abstract

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

Suggested Citation

Liu, Hin-Yan and Maas, Matthijs M. and Danaher, John and Scarcella, Luisa and Lexer, Michaela and Van Rompaey, Léonard, Artificial Intelligence and Legal Disruption: A New Model for Analysis (September 16, 2020). Law, Innovation and Technology 12, no. 2 (September 16, 2020): 205–58. https://doi.org/10.1080/17579961.2020.1815402. , Available at SSRN: https://ssrn.com/abstract=3761620

Hin-Yan Liu

University of Copenhagen - Faculty of Law ( email )

Studiestraede 6
Studiestrade 6
Copenhagen, DK-1455
Denmark
+45 35 33 76 96 (Phone)

Matthijs M. Maas (Contact Author)

Centre for the Study of Existential Risk, University of Cambridge ( email )

Trinity Ln
Cambridge, CB2 1TN
United Kingdom

University of Cambridge - King's College, Cambridge

King's Parade
Cambridge, CB2 1ST
United Kingdom

University of Copenhagen - CECS- Centre for European and Comparative Legal Studies ( email )

Karen Blixens Plads 16
Copenhagen, DK-2300
Denmark

John Danaher

National University of Ireland, Galway (NUIG) - School of Law ( email )

Newcastle Road
Galway
Ireland

Luisa Scarcella

affiliation not provided to SSRN

Michaela Lexer

University of Graz ( email )

Universitaetsstrasse 15 / FE
A-8010 Graz, 8010
Austria

Léonard Van Rompaey

affiliation not provided to SSRN

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
33
Abstract Views
229
PlumX Metrics