The effect of TikTok globally has resulted in an increase in literature pertaining to the platform. Despite wide acknowledgment in social media, TikTok metrics and how they formulate fashion sub-cultures remains underexplored. This study explored TikTok metrics that resultantly formulate fashion subculture amongst Generation Z (Gen Z) TikTok users. The proposed conceptual framework was developed to assist marketing managers explore fashion subculture interest via various TikTok metrics. This research followed a qualitative approach. Data was collected through structured interviews, using convenience sampling among five Gen Z participants. Thematic analysis procedure was adopted and findings revealed that engagement metrics indicate strong potential in enabling fashion subculture among TikTok users. Furthermore, metrics enabled Gen Z users to discover fashion subculture content through hashtags, engagement in social exchanges through likes and comments, store digital fashion inspiration through saves and spread information through shares. These findings also allow for future studies to explore the limitation(s) phenomenon highlighted in this study. Recommendations were provided for fashion brands and practitioners. As this research suggests, can result in more refined trend analysis procedures as well as applicable direct marketing strategies through TikTok.
TikTok 在全球范围内产生的影响导致与该平台相关的文献数量增加。尽管 TikTok 在社交媒体中得到广泛认可，但对其指标及其如何形成时尚亚文化的研究仍然不足。本研究探讨了 TikTok 的指标，这些指标在 Z 世代（Gen Z）TikTok 用户中形成了时尚亚文化。所提出的概念框架旨在帮助营销经理通过各种 TikTok 指标来探索对时尚亚文化的兴趣。本研究采用定性方法。数据是通过结构化访谈收集的，对五名 Z 世代参与者进行了便利抽样。研究采用了主题分析程序，结果表明，参与度指标显示了在 TikTok 用户中推广时尚亚文化的强大潜力。此外，这些指标使 Z 世代用户能够通过标签发现时尚亚文化内容，通过点赞和评论参与社交交流，通过保存储存数字时尚灵感，并通过分享传播信息。这些发现也为未来研究探索本研究中强调的局限性现象提供了可能。为时尚品牌和从业人员提供了建议。正如本研究建议的那样，可以通过 TikTok 制定更精细的趋势分析程序和适用的直接营销策略。
{"title":"Dynamics of Social Media Metrics and Fashion Subculture Among South African Young TikTok Users","authors":"Tatenda Chabata, Savanna Gouveia","doi":"10.38140/com.v28i.7461","DOIUrl":"https://doi.org/10.38140/com.v28i.7461","url":null,"abstract":"The effect of TikTok globally has resulted in an increase in literature pertaining to the platform. Despite wide acknowledgment in social media, TikTok metrics and how they formulate fashion sub-cultures remains underexplored. This study explored TikTok metrics that resultantly formulate fashion subculture amongst Generation Z (Gen Z) TikTok users. The proposed conceptual framework was developed to assist marketing managers explore fashion subculture interest via various TikTok metrics. This research followed a qualitative approach. Data was collected through structured interviews, using convenience sampling among five Gen Z participants. Thematic analysis procedure was adopted and findings revealed that engagement metrics indicate strong potential in enabling fashion subculture among TikTok users. Furthermore, metrics enabled Gen Z users to discover fashion subculture content through hashtags, engagement in social exchanges through likes and comments, store digital fashion inspiration through saves and spread information through shares. These findings also allow for future studies to explore the limitation(s) phenomenon highlighted in this study. Recommendations were provided for fashion brands and practitioners. As this research suggests, can result in more refined trend analysis procedures as well as applicable direct marketing strategies through TikTok.","PeriodicalId":41956,"journal":{"name":"Communitas","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139333500","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The current article investigates the depiction of the town of Orania in the media. Being an exclusive Afrikaner town, this town is highly controversial and is often seen as a remnant of apartheid, leading residents of this town to form the perception that the media treats them unfairly. Using Natural Language Processing (NLP) techniques, namely a lexicon-based sentiment analysis classification and a machine-learning political bias classification, it is shown that the vast majority of news reports and opinion pieces on this town exhibit minimal political bias, and publications on this town are evenly distributed between left and right political bias. In addition, while the majority of news reports and opinion pieces published on this town are neutral, more publications are positive than negative. However, differences in the depiction of this town based on the language of publications are also discussed, with English publications more negative and Afrikaans publications more positive, and the majority of publications on this town are in Afrikaans. Overall, the study finds that while some individual publications present Orania in a very negative light, in general, the media reports on this town in a balanced way.
{"title":"The depiction of Orania in the media (2013-2022): A quantitative analysis using Natural Language Processing (NLP)","authors":"Burgert Senekal","doi":"10.38140/com.v28i.7280","DOIUrl":"https://doi.org/10.38140/com.v28i.7280","url":null,"abstract":"The current article investigates the depiction of the town of Orania in the media. Being an exclusive Afrikaner town, this town is highly controversial and is often seen as a remnant of apartheid, leading residents of this town to form the perception that the media treats them unfairly. Using Natural Language Processing (NLP) techniques, namely a lexicon-based sentiment analysis classification and a machine-learning political bias classification, it is shown that the vast majority of news reports and opinion pieces on this town exhibit minimal political bias, and publications on this town are evenly distributed between left and right political bias. In addition, while the majority of news reports and opinion pieces published on this town are neutral, more publications are positive than negative. However, differences in the depiction of this town based on the language of publications are also discussed, with English publications more negative and Afrikaans publications more positive, and the majority of publications on this town are in Afrikaans. Overall, the study finds that while some individual publications present Orania in a very negative light, in general, the media reports on this town in a balanced way.","PeriodicalId":41956,"journal":{"name":"Communitas","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139331770","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Supporters of personal data collection and analysis contend that data profiles generated from AI algorithms represent a desirable pursuit for the quantified self. Proponents of the quantified self claim that AI-generated data profiles represent a more objective and truthful account of individual lives. They also argue that the quantified self fosters human flourishing by supplying individuals with data-informed accounts about their lives. First, I will trace the technological origins of the quantified self. Second, the first claim will be critiqued by demonstrating that the quantified self presents a reduced and subjectively abstracted picture of human life. Third, the second claim will be questioned, from a virtue ethics approach, to show how the quantified self’s reduced concept of self-examination is detached from self-cultivation. Fourth, a neo-Aristotelian virtue ethics framework will be applied to argue that the self-knowledge sought by the quantified self hinders agents’ practical reasoning.
{"title":"Moral Cultivation and the Quantified Self: Assessing the Self Understanding of Data Profiles Generated by AI with a Virtue Ethics Approach","authors":"Ephraim Barrera","doi":"10.7202/1098932ar","DOIUrl":"https://doi.org/10.7202/1098932ar","url":null,"abstract":"Supporters of personal data collection and analysis contend that data profiles generated from AI algorithms represent a desirable pursuit for the quantified self. Proponents of the quantified self claim that AI-generated data profiles represent a more objective and truthful account of individual lives. They also argue that the quantified self fosters human flourishing by supplying individuals with data-informed accounts about their lives. First, I will trace the technological origins of the quantified self. Second, the first claim will be critiqued by demonstrating that the quantified self presents a reduced and subjectively abstracted picture of human life. Third, the second claim will be questioned, from a virtue ethics approach, to show how the quantified self’s reduced concept of self-examination is detached from self-cultivation. Fourth, a neo-Aristotelian virtue ethics framework will be applied to argue that the self-knowledge sought by the quantified self hinders agents’ practical reasoning.","PeriodicalId":41956,"journal":{"name":"Communitas","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47638834","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Éditorial","authors":"A. Parada, Hugo Cyr","doi":"10.7202/1100301ar","DOIUrl":"https://doi.org/10.7202/1100301ar","url":null,"abstract":"","PeriodicalId":41956,"journal":{"name":"Communitas","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47489511","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article proposes to link normative issues generated by artificial intelligence in the legal sphere to the more fundamental problem of "institutional design" by Lon L. Fuller. The optimization of state resources promised by the deployment of artificial intelligence will take place in return of a more preventive and unilateral enforcement of the law, in other words a managerial, "noncontentious" enforcement of the law. By splitting the concept of state governance into its "legal" and "economic" ramifications, Fuller intended to combine these ramifications in a project aspiring to good order and workable social arrangements. A reactualization of Fuller's writings will allow us to situate the scope of artificial intelligence within this classification, and will thus shed light on the normative issues linked to the use of artificial intelligence by the state.
本文建议将人工智能在法律领域产生的规范性问题与朗·富勒(Lon L. Fuller)提出的更根本的“制度设计”问题联系起来。部署人工智能所承诺的国家资源优化，将以一种更具预防性和单方性的执法作为回报，换句话说，一种管理性的、“无争议的”执法。通过将国家治理的概念分为“法律”和“经济”两个分支，富勒打算将这些分支结合在一个项目中，以追求良好的秩序和可行的社会安排。重新实现富勒的著作将使我们能够将人工智能的范围置于这一分类中，从而阐明与国家使用人工智能相关的规范性问题。
{"title":"Intelligence artificielle et application non contentieuse du droit : une réactualisation du problème du design institutionnel de Lon L. Fuller","authors":"William Guay","doi":"10.7202/1098934ar","DOIUrl":"https://doi.org/10.7202/1098934ar","url":null,"abstract":"This article proposes to link normative issues generated by artificial intelligence in the legal sphere to the more fundamental problem of \"institutional design\" by Lon L. Fuller. The optimization of state resources promised by the deployment of artificial intelligence will take place in return of a more preventive and unilateral enforcement of the law, in other words a managerial, \"noncontentious\" enforcement of the law. By splitting the concept of state governance into its \"legal\" and \"economic\" ramifications, Fuller intended to combine these ramifications in a project aspiring to good order and workable social arrangements. A reactualization of Fuller's writings will allow us to situate the scope of artificial intelligence within this classification, and will thus shed light on the normative issues linked to the use of artificial intelligence by the state.","PeriodicalId":41956,"journal":{"name":"Communitas","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44097540","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In order to discuss the issues associated with artificial intelligence systems (AIS), publications in AI ethics have multiplied recently. While law and ethics work toward a common goal of fostering beneficial and responsible use of AI, these normative initiatives are distinct and must be appropriately situated in relation to each other. In this article, starting from a pragmatist perspective, we propose a reflection on the normative role of what Luciano Floridi calls “soft ethics” in relation to law. We will reflect on the characteristics it should have to play an effective normative role that is complementary to law, as well as on the internormative relations between ethics and law in the perspective of normative pluralism.
{"title":"Droit et soft ethics dans l’encadrement normatif de l’IA : une perspective pragmatiste","authors":"Andréane Sabourin Laflamme, Frédérick Bruneault","doi":"10.7202/1098935ar","DOIUrl":"https://doi.org/10.7202/1098935ar","url":null,"abstract":"In order to discuss the issues associated with artificial intelligence systems (AIS), publications in AI ethics have multiplied recently. While law and ethics work toward a common goal of fostering beneficial and responsible use of AI, these normative initiatives are distinct and must be appropriately situated in relation to each other. In this article, starting from a pragmatist perspective, we propose a reflection on the normative role of what Luciano Floridi calls “soft ethics” in relation to law. We will reflect on the characteristics it should have to play an effective normative role that is complementary to law, as well as on the internormative relations between ethics and law in the perspective of normative pluralism.","PeriodicalId":41956,"journal":{"name":"Communitas","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43156982","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The attention devoted to so-called “computational law” has grown exponentially over recent years. However, to date, there has comparatively been much less discussion about the use of data-driven methods, including artificial intelligence, in the processes and institutions of international law. This paper discusses this in terms of “international computational law” and examines what the implications could be if the normativity of technology encounters the normativity of law in the context of international law-making processes. Will it be a smooth and fortuitous alignment or a surreptitious undermining of accepted legal practices—or something in between? To critically engage with this question, a closer look is had at current and future data-driven practices in international treaty-making, the identification of international custom and international institutional lawmaking. Consequently, three types of normativity (i.e., international legal, legal and technological) are analyzed in this context, building on an analysis of the fundamental underlying structure of law. This analysis of normativity leads to the conclusion that we cannot simply assume that these types of normativity will align organically when it comes to our international legal system. I therefore conclude this article by suggesting that more research should be conducted into an adequate conception of “international legal protection by design” to thoughtfully consider how to safeguard legal protection in an increasingly computationalized international legal order. This will be crucial if we want to ensure that international law in the algorithmic age affords us legal protection and that we design our global order with thoughtfulness, rather than encodethoughtlessness.
{"title":"Making the Legal World: Normativity and International Computational Law","authors":"Émilie van den Hoven","doi":"10.7202/1098930ar","DOIUrl":"https://doi.org/10.7202/1098930ar","url":null,"abstract":"The attention devoted to so-called “computational law” has grown exponentially over recent years. However, to date, there has comparatively been much less discussion about the use of data-driven methods, including artificial intelligence, in the processes and institutions of international law. This paper discusses this in terms of “international computational law” and examines what the implications could be if the normativity of technology encounters the normativity of law in the context of international law-making processes. Will it be a smooth and fortuitous alignment or a surreptitious undermining of accepted legal practices—or something in between? To critically engage with this question, a closer look is had at current and future data-driven practices in international treaty-making, the identification of international custom and international institutional lawmaking. Consequently, three types of normativity (i.e., international legal, legal and technological) are analyzed in this context, building on an analysis of the fundamental underlying structure of law. This analysis of normativity leads to the conclusion that we cannot simply assume that these types of normativity will align organically when it comes to our international legal system. I therefore conclude this article by suggesting that more research should be conducted into an adequate conception of “international legal protection by design” to thoughtfully consider how to safeguard legal protection in an increasingly computationalized international legal order. This will be crucial if we want to ensure that international law in the algorithmic age affords us legal protection and that we design our global order with thoughtfulness, rather than encodethoughtlessness.","PeriodicalId":41956,"journal":{"name":"Communitas","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46158421","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In 2017, the Canadian federal government launched the “Pan-Canadian Strategy on Artificial Intelligence,” an ambitious plan to make Canada “a global leader in AI.” As part of this plan, the government sought to stimulate discussion about the ethical and societal implications of AI by sponsoring a series of AI & Society workshops. Hosted by the Canadian Institute for Advanced Research (CIFAR), these workshops brought together academics, engineers, and policymakers to discuss the impact of AI on healthcare, education, the modern workplace, Indigenous communities, and other areas. In its reports, CIFAR describes the AI & Society workshops as inclusive, diverse forums that allow actors from a range of different disciplinary, occupational, and ethnic backgrounds to express their opinions and concerns about AI. This paper investigates whether the AI & Society workshops are truly inclusive, or whether they privilege the voices and perspectives of some actors over others. It will be argued that, by inviting only “experts,” “thought leaders,” and “community leaders” to participate, the workshops systematically exclude laypeople and average consumers of technology. This is highly problematic since average consumers bear many of the social costs of advancements in AI. After critiquing the workshops, the paper proposes ways to amplify the voices of regular users of AI in public and intellectual discourse.
{"title":"Workshopping AI: Who’s at the Table?","authors":"Elia Rasky","doi":"10.7202/1098933ar","DOIUrl":"https://doi.org/10.7202/1098933ar","url":null,"abstract":"In 2017, the Canadian federal government launched the “Pan-Canadian Strategy on Artificial Intelligence,” an ambitious plan to make Canada “a global leader in AI.” As part of this plan, the government sought to stimulate discussion about the ethical and societal implications of AI by sponsoring a series of AI & Society workshops. Hosted by the Canadian Institute for Advanced Research (CIFAR), these workshops brought together academics, engineers, and policymakers to discuss the impact of AI on healthcare, education, the modern workplace, Indigenous communities, and other areas. In its reports, CIFAR describes the AI & Society workshops as inclusive, diverse forums that allow actors from a range of different disciplinary, occupational, and ethnic backgrounds to express their opinions and concerns about AI. This paper investigates whether the AI & Society workshops are truly inclusive, or whether they privilege the voices and perspectives of some actors over others. It will be argued that, by inviting only “experts,” “thought leaders,” and “community leaders” to participate, the workshops systematically exclude laypeople and average consumers of technology. This is highly problematic since average consumers bear many of the social costs of advancements in AI. After critiquing the workshops, the paper proposes ways to amplify the voices of regular users of AI in public and intellectual discourse.","PeriodicalId":41956,"journal":{"name":"Communitas","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45900543","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
We have identified three points that demonstrate the normative influence of artificial intelligence (AI) on intellectual property law. First, the application of intellectual property law to AI is going to be conditioned by the ethical and legal norms that frame the use of AI. Second, AI is a tricky innovation to bring into the intellectual property fold because of its evolving nature. Its introduction into the field of intellectual property law inexorably leads to the transformation of the main notions of this law, and in particular the notions of protectable creation and protected creator. Thirdly, it appears from the above that intellectual property law has not yet been adapted to AI. On the other hand, outside of intellectual property law, several rules have already been adopted to foster the development of AI. In particular, they aim to make accessible the data necessary for AI to function. Finally, intellectual property law, as it exists today, does not seem to be the regime chosen to foster AI technologies.
{"title":"L’influence normative de l’IA en droit de la propriété intellectuelle","authors":"M. Clément-Fontaine","doi":"10.7202/1098931ar","DOIUrl":"https://doi.org/10.7202/1098931ar","url":null,"abstract":"We have identified three points that demonstrate the normative influence of artificial intelligence (AI) on intellectual property law. First, the application of intellectual property law to AI is going to be conditioned by the ethical and legal norms that frame the use of AI. Second, AI is a tricky innovation to bring into the intellectual property fold because of its evolving nature. Its introduction into the field of intellectual property law inexorably leads to the transformation of the main notions of this law, and in particular the notions of protectable creation and protected creator. Thirdly, it appears from the above that intellectual property law has not yet been adapted to AI. On the other hand, outside of intellectual property law, several rules have already been adopted to foster the development of AI. In particular, they aim to make accessible the data necessary for AI to function. Finally, intellectual property law, as it exists today, does not seem to be the regime chosen to foster AI technologies.","PeriodicalId":41956,"journal":{"name":"Communitas","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42090229","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The introduction of statistical ‘legal tech’ raises questions about the future of law and legal practice. While technologies have always mediated the concept, practice, and texture of law, a qualitative and quantitative shift is taking place: statistical legal tech is being integrated into mainstream legal practice, and particularly that of litigators. These applications – particularly in search and document generation – mediate how practicing lawyers interact with the legal system. By shaping how law is ‘done’, the applications ultimately come to shape what law is. Where such applications impact on the creative elements of the litigator’s practice, for example via automation bias, they affect their professional and ethical duty to respond appropriately to the unique circumstances of their client’s case – a duty that is central to the Rule of Law. The statistical mediation of legal resources by machine learning applications must therefore be introduced with great care, if we are to avoid the subtle, inadvertent, but ultimately fundamental undermining of the Rule of Law. In this contribution we describe the normative effects of legal tech application design, how they are potentially (in)compatible with law and the Rule of Law as normative orders, particularly with respect to legal texts which we frame as the proper source of ‘lossless law’, uncompressed by statistical framing. We conclude that reliance on the vigilance of individual lawyers is insufficient to guard against the potentially harmful effects of such systems, given their inscrutability, and suggest that the onus is on the providers of legal technologies to demonstrate the legitimacy of their systems according to the normative standards inherent in the legal system.
{"title":"Argument by Numbers: The Normative Impact of Statistical Legal Tech","authors":"Laurence Diver, Pauline McBride","doi":"10.7202/1098929ar","DOIUrl":"https://doi.org/10.7202/1098929ar","url":null,"abstract":"The introduction of statistical ‘legal tech’ raises questions about the future of law and legal practice. While technologies have always mediated the concept, practice, and texture of law, a qualitative and quantitative shift is taking place: statistical legal tech is being integrated into mainstream legal practice, and particularly that of litigators. These applications – particularly in search and document generation – mediate how practicing lawyers interact with the legal system. By shaping how law is ‘done’, the applications ultimately come to shape what law is. Where such applications impact on the creative elements of the litigator’s practice, for example via automation bias, they affect their professional and ethical duty to respond appropriately to the unique circumstances of their client’s case – a duty that is central to the Rule of Law. The statistical mediation of legal resources by machine learning applications must therefore be introduced with great care, if we are to avoid the subtle, inadvertent, but ultimately fundamental undermining of the Rule of Law. In this contribution we describe the normative effects of legal tech application design, how they are potentially (in)compatible with law and the Rule of Law as normative orders, particularly with respect to legal texts which we frame as the proper source of ‘lossless law’, uncompressed by statistical framing. We conclude that reliance on the vigilance of individual lawyers is insufficient to guard against the potentially harmful effects of such systems, given their inscrutability, and suggest that the onus is on the providers of legal technologies to demonstrate the legitimacy of their systems according to the normative standards inherent in the legal system.","PeriodicalId":41956,"journal":{"name":"Communitas","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136223636","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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