Robustness and Overcoming Brittleness of AI-Enabled Legal Micro-Directives: The Role of Autonomous Levels of AI Legal Reasoning (2009.02243v1)

Abstract: Recent research by legal scholars suggests that the law might inevitably be transformed into legal micro-directives consisting of legal rules that are derived from legal standards or that are otherwise produced automatically or via the consequent derivations of legal goals and then propagated via automation for everyday use as readily accessible lawful directives throughout society. This paper examines and extends the legal micro-directives theories in three crucial respects: (1) By indicating that legal micro-directives are likely to be AI-enabled and evolve over time in scope and velocity across the autonomous levels of AI Legal Reasoning, (2) By exploring the trade-offs between legal standards and legal rules as the imprinters of the micro-directives, and (3) By illuminating a set of brittleness exposures that can undermine legal micro-directives and proffering potential mitigating remedies to seek greater robustness in the instantiation and promulgation of such AI-powered lawful directives.