Editor's Notes: Can We Defy Courts While Believing In Rule of Law?

Directing large language models to follow the letter or spirit of the law

The distinction between the spirit and letter of the law is a central issue across research and everyday life, and a growing concern for building safe, intelligent machines. What is this distinction based on, and how can we develop machines that follow the intention behind a rule? We used targeted adaptation that made large language models prioritize the spirit or letter of the law. With minimal modifications, our method significantly changed LLM behavior across diverse measures, novel vignettes, real-world scenarios, and influential legal cases. An analysis of model internals revealed a low-dimensional space with three interpretable dimensions matching a formal pre-specified framework for the geometry of legal concepts. These findings show how legal thought in LLMs may be organized and directed.

Governing Digital Legal Systems: Insights on Artificial Intelligence and Rules as Code · MIT Computational Law Report

This article explores how AI and 'rules as code' are turning law into automated systems. It highlights the need for governance focused on transparency, explainability, and risk management to ensure these digital legal frameworks stay reliable and fair.

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The Supreme Court is corrupting American democracy

One cannot hope to bribe or twist/ (thank God!) the U.S. chief jurist

New evidence, new challenges: ICC judges’ perspectives on user-generated evidence and judging in an age of artificial intelligence

Evidence recorded on personal digital devices, or “user-generated evidence” (UGE), has profoundly shaped our ways of knowing about international crimes. UGE can be expected to play an important role in future cases before the International Criminal Court (ICC), yet few trials to date have relied extensively on UGE.. This research provides important insights into how ICC judges define UGE and perceive its strengths and weaknesses, and on the readiness of the Court to adapt to judging in an age of Artificial Intelligence. Using grounded theory to analyse interviews with ICC judges, we identified several key themes, including concerns about the perceived importance and potential bias of evidence sources; the practical challenges of employing UGE; the burden placed on the parties to ensure the reliability of the evidence, to rigorously challenge the opposing party’s evidence, and the importance of preparing legal professionals to address the risks associated with misinformation and disinformation.

How AI Destroys Institutions

Civic institutions—like the rule of law, higher education, and a free press—are the backbone of democratic life. They are the mechanisms through which complex s

AI and Doctrinal Collapse

Artificial intelligence runs on data. But the two legal regimes that govern data—information privacy law and copyright law—are under pressure. Formally, each re

Ignoring the Unreasonable

Illiberal and antidemocratic political forces, for example, in the form of far-right populism, are on the rise. Such politics, commonly referred to as ‘unreasonable’ in political philosophy, is widely seen as a threat to democracy. Many argue that an adequate response must involve listening to , that is, understanding and seriously considering the perspective of the unreasonable. I disagree. I argue that as democratic citizens, we should not listen to the unreasonable; we should, in a sense, ignore them, that is, refuse to understand and seriously consider their perspective, although continue to monitor their activities. Listening to the unreasonable is not instrumentally required for countering unreasonable politics. In addition, the unreasonable likely have no moral claim to be listened to. Finally, listening to them is disrespectful to reasonable citizens whose voice is ignored for the sake of paying attention to the unreasonable. For these reasons, we should ignore the unreasonable.

Citizens Above the Law

The growing sovereign citizen movement reflects an America that has lost faith in its democratic institutions.

Why Mississippi Courts Must Produce Public Defense Plans

The state Supreme Court wants to know how local courts provide lawyers, if any, to poor people after their arrest.

Watch These Judges Rip Into Lawyers For Citing Cases That Don't Exist

“It's striking, concerning, disappointing, and saddening to think that members of the bar would forward cases to a court that don't exist, and to think that the lawyers on the other side of that didn’t read it for whatever reason, didn’t check it.”

Judge Learns Lawyers on Both Sides of Case Used AI, Cancels Trial, Kicks Everyone Off the Case

When two AIs argue against each other, the legal system loses.

Going beyond the “common suspects”: to be presumed innocent in the era of algorithms, big data and artificial intelligence

This article explores the trend of increasing automation in law enforcement and criminal justice settings through three use cases: predictive policing, machine evidence and recidivism algorithms. The focus lies on artificial-intelligence-driven tools and technologies employed, whether at pre-investigation stages or within criminal proceedings, in order to decode human behaviour and facilitate decision-making as to whom to investigate, arrest, prosecute, and eventually punish. In this context, this article first underlines the existence of a persistent dilemma between the goal of increasing the operational efficiency of police and judicial authorities and that of safeguarding fundamental rights of the affected individuals. Subsequently, it shifts the focus onto key principles of criminal procedure and the presumption of innocence in particular. Using Article 6 ECHR and the Directive (EU) 2016/343 as a starting point, it discusses challenges relating to the protective scope of presumption of innocence, the burden of proof rule and the in dubio pro reo principle as core elements of it. Given the transformations law enforcement and criminal proceedings go through in the era of algorithms, big data and artificial intelligence, this article advocates the adoption of specific procedural safeguards that will uphold rule of law requirements, and particularly transparency, fairness and explainability. In doing so, it also takes into account EU legislative initiatives, including the reform of the EU data protection acquis, the E-evidence Proposal, and the Proposal for an EU AI Act. Additionally, it argues in favour of revisiting the protective scope of key fundamental rights, considering, inter alia, the new dimensions suspicion has acquired.

Going beyond the “common suspects”: to be presumed innocent in the era of algorithms, big data and artificial intelligence

This article explores the trend of increasing automation in law enforcement and criminal justice settings through three use cases: predictive policing, machine evidence and recidivism algorithms. The focus lies on artificial-intelligence-driven tools and technologies employed, whether at pre-investigation stages or within criminal proceedings, in order to decode human behaviour and facilitate decision-making as to whom to investigate, arrest, prosecute, and eventually punish. In this context, this article first underlines the existence of a persistent dilemma between the goal of increasing the operational efficiency of police and judicial authorities and that of safeguarding fundamental rights of the affected individuals. Subsequently, it shifts the focus onto key principles of criminal procedure and the presumption of innocence in particular. Using Article 6 ECHR and the Directive (EU) 2016/343 as a starting point, it discusses challenges relating to the protective scope of presumption of innocence, the burden of proof rule and the in dubio pro reo principle as core elements of it. Given the transformations law enforcement and criminal proceedings go through in the era of algorithms, big data and artificial intelligence, this article advocates the adoption of specific procedural safeguards that will uphold rule of law requirements, and particularly transparency, fairness and explainability. In doing so, it also takes into account EU legislative initiatives, including the reform of the EU data protection acquis, the E-evidence Proposal, and the Proposal for an EU AI Act. Additionally, it argues in favour of revisiting the protective scope of key fundamental rights, considering, inter alia, the new dimensions suspicion has acquired.

Psychological Perspectives on Legitimacy and Legitimation

Legitimacy is a psychological property of an authority, institution, or social arrangement that leads those connected to it to believe that it is appropriate, proper, and just. Because of legitimacy, people feel that they ought to defer to decisions and rules, following them voluntarily out of obligation rather than out of fear of punishment or anticipation of reward. Being legitimate is important to the success of authorities, institutions, and institutional arrangements since it is difficult to exert influence over others based solely upon the possession and use of power. Being able to gain voluntary acquiescence from most people, most of the time, due to their sense of obligation increases effectiveness during periods of scarcity, crisis, and conflict. The concept of legitimacy has a long history within social thought and social psychology, and it has emerged as increasingly important within recent research on the dynamics of political, legal, and social systems.