Co-authoring with an AI? Ethical Dilemmas and Artificial Intelligence

42 Pages Posted: 21 Dec 2022 Last revised: 12 Sep 2023

See all articles by Hadar Yoana Jabotinsky

Hadar Yoana Jabotinsky

The Hadar Jabotinsky Center for Interdisciplinary Research of Financial Markets, Crises and Technology (HJC)

Roee Sarel

Institute of Law and Economics, University of Hamburg

Date Written: July 31, 2023

Abstract

The Artificial Intelligence (AI) revolution threatens to change the way in which legal articles are written. Authors who previously had to sort through vast amounts of scholarship can now get quick answers from algorithms in a click of a button. While this may speed up legal writing, it may also bear significant challenge for transparency: can editors still trust the content submitted by authors? Would AI influence also how editors review submissions? And are current submission guidelines adequate to deal with AI?
Our Article addresses these questions in a three-step process. First, we engaged with ChatGPT—the fastest growing consumer application in history—only a few day after its release. By posing ChatGPT with questions on the ethics of using AI and asking it to convert the responses into an article, we derive new insights on the strength of AI to provide relevant answer as well as its weaknesses of “hallucinated” sources and limited accuracy. Second, we conducted a comparison of ChatGPT to its internet-connected variant of Microsoft’s Bing Chat, using a similar exercise. This comparison enables us to identify the circumstances under which turning to AI would be useful. Finally, we apply our insights to different guidelines of major publishers, which have diverged on their approach toward AI-written text.
The Article’s contribution is two-fold: (i) it provides a novel examination of how Generative AI can be used in legal writing and the ethical boundaries of such practices, and (ii) it compares the existing publishing guidelines and identifies how these may affect the behavior of authors and editors. We find that law reviews seem to ignore the issue altogether and emphasize the need to develop AI policies for legal writing.

Keywords: Artificial Intelligence, ChatGPT, Legal Writing, Authorship, Ethics

Suggested Citation

Jabotinsky, Hadar Yoana and Sarel, Roee, Co-authoring with an AI? Ethical Dilemmas and Artificial Intelligence (July 31, 2023). Arizona State Law Journal, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4303959 or http://dx.doi.org/10.2139/ssrn.4303959

Hadar Yoana Jabotinsky (Contact Author)

The Hadar Jabotinsky Center for Interdisciplinary Research of Financial Markets, Crises and Technology (HJC) ( email )

29 Ha'Oren St.
P.O Box 80
Timrat, 23840
Israel

Roee Sarel

Institute of Law and Economics, University of Hamburg ( email )

Johnsallee 35
Hamburg, 20148
Germany

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