保持冷静,继续前进:为什么法律服务的日益自动化应该深化而不是削弱法律教育

G. Appleby, Sean Brennan, Andrew Lynch
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引用次数: 2

摘要

法律职业也不能免受快速技术进步的影响。今天,很难找到没有在某种程度上接受这一真理的人。这些进步并不局限于信息存储、访问和检索的方式——尽管大量材料的搜索和分类速度正在从根本上改变(最明显的)费力的发现过程。当然,技术发展提高了提供传统法律服务的速度和效率。然而,更剧烈的变化是那些有可能取代或竞争这些服务本身的变化,因为人工智能(ai)的引入,以及廉价且容易获得的自动化法律咨询平台的开发。根据你的观点,所有这些可能是非常有吸引力和解放的,也可能是有点焦虑的。但它不能被忽视。这是另一个很难找到任何人否认的事实。法律教育工作者与法律实践中的人一样,对这些变化做出反应的需求是一致的——事实上,考虑到我们在代际变化的前沿工作,学生们向我们展示了在世界上“存在”的全新方式,以及与他人联系和合作的方式,可能会更加如此。因此,要求改变法学院教学内容和教学方式的呼声早已超过了前沿或革命性的程度。应对所谓的“数字颠覆”的必要性是无可争辩的。但是,面对法律服务市场的变化,法律教育者可能会以一种危言耸听和不加修饰的方式做出反应——忽视了法律教育的独特之处,我们认为,这将继续受到重视。我们在这篇文章中建议,我们应该把压在我们身上的变化看作是创造机会。这不仅是为了拥抱所有新的东西,而且也是为了丰富那些传统的和法律教育的定义特征,这些特征可能会持续下去,如果不是实际上增加价值,因为法律实践继续其转型。
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Keep Calm and Carry on: Why the Increasing Automation of Legal Services Should Deepen and Not Diminish Legal Education
The legal profession is not immune from the impact of rapid technological advances. Today, it is difficult to locate anyone who has not reached some level of acceptance of that truth. These advances are not limited to the way that information is stored, accessed and retrieved – though the speed at which vast amounts of material may be searched and sorted is radically transforming (most obviously) the laborious process of discovery. Certainly, technological developments have increased the pace and efficiency with which traditional legal services are provided. However, the more drastic changes are those that threaten to displace or rival the provision of those services themselves by the introduction of Artificial Intelligence and the development of platforms for cheap and easily obtainable automated legal advice. Depending on your perspective all of this may be highly attractive and liberating or perhaps a little anxiety inducing. But it cannot be ignored. That is another truth which it is hard to find anyone deny. Legal educators are as attuned to the need to respond to these changes as those in legal practice – indeed possibly more so given that we work on the frontline of intergenerational change as students show us entirely new ways of ‘being’ in the world, of connecting and working with others. So calls for changes in what and how we teach in law schools have long since passed the point of being cutting edge or revolutionary. The need to respond to so-called ‘digital disruption’ is unarguable. But there is a risk that legal educators will react in an alarmist and unmediated fashion to the future challenges of a changed legal services market – losing sight of what makes legal education distinctive and, we believe, will continue to be valued. We suggest in this article that we should appreciate the changes bearing down on us as creating opportunities. These are not only for an embrace of all that is new, but also for the enrichment of those traditional and defining features of legal education that may be expected to endure, if not actually increase in value, as legal practice continues its transformation.
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