AI & Law: Extra-Legal Knowledge And AI
By Dr. Lance Eliot
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Key briefing points:
· Judges make use of extra-legal knowledge during their judicial decision-making.
· This extra-legal knowledge can contain all sorts of problematic elements.
· Trying to resort to using judicial common sense is a vague and unsupported aspect.
· AI-based legal reasoning systems will need to encompass extra-legal knowledge.
· Overall, AI efforts to embody common sense are still in their infancy and are wholly incomplete.
Section 1: Introduction
As an attorney, you undoubtedly find yourself trying to guess what is in the mind of a judge during your courtroom endeavors. You can focus on the strictly legal machinations, but that alone won’t be sufficient. There are also the latitudes afforded a judge in terms of outstretched judicial decision-making beyond the purity of the law itself.