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9 - The Law – End or Turning Point?

from Part III - Legal Metamorphosis?

Published online by Cambridge University Press:  20 March 2025

Michal Alberstein
Affiliation:
Bar-Ilan University, Israel
Nofit Amir
Affiliation:
Bar-Ilan University, Israel
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Summary

Faced with the trajectory of legal systems today, policymakers can now contend with perhaps the most critical choice of our times. Will they continue down the road to the end of law, or will they renew its role? Will they choose the legal family that is most appropriate for their constituents, or will they let the gravitational pull toward the privatization of disputes decide for them? One might claim that the obfuscated role of law – especially in the pre-filing family – might as well be replaced by AI-based decision-making. Indeed, we show that the pre-filing family may be the most conducive to AI-based dispute resolution. However, one might choose to look at the changes that legal systems have undergone in recent decades as a mark of flexibility within legal systems – and potential for growth. As of today, the underlying motive for change has all too frequently been saving time and money for the legal systems themselves. However, if this underlying motive is moderated and retuned to respond to the needs of the individual litigant, changes of a different nature are possible. We analyze changes that can lead to human-centered design, and the harnessing of AI toward that goal.

Type
Chapter
Information
Vanishing Legal Justice
The Changing Role of Judges in an Era of Settlements and Plea Bargains
, pp. 173 - 189
Publisher: Cambridge University Press
Print publication year: 2025

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