The Next Era of American Law Amid the Advent of Autonomous AI Legal Reasoning

09/21/2020
by   Lance Eliot, et al.
5

Legal scholars have postulated that there have been three eras of American law to-date, consisting in chronological order of the initial Age of Discovery, the Age of Faith, and then the Age of Anxiety. An open question that has received erudite attention in legal studies is what the next era, the fourth era, might consist of, and for which various proposals exist including examples such as the Age of Consent, the Age of Information, etc. There is no consensus in the literature as yet on what the fourth era is, and nor whether the fourth era has already begun or will instead emerge in the future. This paper examines the potential era-elucidating impacts amid the advent of autonomous Artificial Intelligence Legal Reasoning (AILR), entailing whether such AILR will be an element of a fourth era or a driver of a fourth, fifth, or perhaps the sixth era of American law. Also, a set of meta-characteristics about the means of identifying a legal era changeover are introduced, along with an innovative discussion of the role entailing legal formalism versus legal realism in the emergence of the American law eras.

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