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arctic-true 7 hours ago

What’s interesting here from a legal perspective is that they acknowledge a somewhat unsettled question of law regarding South Dakota’s choice-of-law regime. The AI got the “right” answer every time, but I am curious to know if it ever grappled with the uncertainty. This is the trouble with the concept of AI judging: in almost any case, you are going to stumble across one fact or another that’s not in the textbooks or an unsettled question of law. Even the simplest slip-and-falls can throw weird curveballs. Perhaps a sufficiently advanced AI can reason from first principles about how to understand these new situations or extend existing law to meet them. But in such a case there is no “right” answer, and certainly not a verifiable answer for the AI to sniff out. At least at the federal level, judicial power is only vested in people nominated by the president and confirmed by the Senate - in other words, by people who are chosen by, and answer to, the people’s elected representatives. Often, unappointed magistrates and special masters will come in to help deal with simpler issues, and perhaps in time AI systems will be able to pick up some of this slack. But when the law needs to evolve or change, we cannot put judicial power in the hands of an unappointed and unaccountable piece of software.