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Law today is incomplete, inaccessible, unclear, underdeveloped, and
often perplexing to those whom it affects. In The Legal
Singularity, Abdi Aidid and Benjamin Alarie argue that the
proliferation of artificial intelligence-enabled technology - and
specifically the advent of legal prediction - is on the verge of
radically reconfiguring the law, our institutions, and our society
for the better. Revealing the ways in which our legal institutions
underperform and are expensive to administer, the book highlights
the negative social consequences associated with our legal status
quo. Given the infirmities of the current state of the law and our
legal institutions, the silver lining is that there is ample room
for improvement. With concerted action, technology can help us to
ameliorate the law and our legal institutions. Inspired in part by
the concept of the "technological singularity," The Legal
Singularity presents a future state in which technology facilitates
the functional "completeness" of law, where the law is at once
extraordinarily more complex in its specification than it is today,
and yet operationally vastly more knowable, fairer, and clearer for
its subjects. Aidid and Alarie describe the changes that will
culminate in the legal singularity and explore the implications for
the law and its institutions.
Judicial decision-making may ideally be impartial, but in reality
it is influenced by many different factors, including institutional
context, ideological commitment, fellow justices on a panel, and
personal preference. Empirical literature in this area increasingly
analyzes this complex collection of factors in isolation, when a
larger sample size of comparative institutional contexts can help
assess the impact of the procedures, norms, and rules on key
institutional decisions, such as how appeals are decided. Four
basic institutional questions from a comparative perspective help
address these studies regardless of institutional context or
government framework. Who decides, or how is a justice appointed?
How does an appeal reach the court; what processes occur? Who is
before the court, or how do the characteristics of the litigants
and third parties affect judicial decision-making? How does the
court decide the appeal, or what institutional norms and strategic
behaviors do the judges perform to obtain their preferred outcome?
This book explains how the answers to these institutional questions
largely determine the influence of political preferences of
individual judges and the degree of cooperation among judges at a
given point in time. The authors apply these four fundamental
institutional questions to empirical work on the Supreme Courts of
the US, UK, Canada, India, and the High Court of Australia. The
ultimate purpose of this book is to promote a deeper understanding
of how institutional differences affect judicial decision-making,
using empirical studies of supreme courts in countries with similar
basic structures but with sufficient differences to enable
meaningful comparison.
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