Express or implied contractual terms embody the determined wishes of parties with certitude. Lex Cryptographica advances this notion of certitude in code-enabled contracts using formalistic technical rules in representing parties’ intentions to ensure binding effect. However, the theory of contract incompleteness advances the contrary notion of fallibility of contractual intentions and preponderance of unforeseen intervening circumstances in contractual execution. This research interrogates the tensions between notions of Lex Cryptographica and contract incompleteness in the context of future contractual failures. There is a need to examine the adverse relationship between traditional legal rules and technical rules inspired by software protocols and code-based AI ecosystem through the following arguments. First, the competing systems of rules constitute a major distraction inhibiting the predictive success by AI systems. Second, the technical rules (lex cryptographica) are formalistic with significant blind spots which results in poor AI predictive capacity to detect future contractual failures. Third, the decentralized and autonomous architecture of AI ecosystems is antithetic to the hierarchical and formulated nature of traditional legal rules.
Social interactions have been largely influenced by hierarchies in power relations. Therefore, the imposition of technical rules to human conduct within social spaces will fundamentally alter behavioral structures and predictability in human responses to varied stimuli. Fourth, AI predictive capacity is only effective and reliable in cases of machine-to-machine routine tasks where human interventions are largely absent.
In furtherance of the above arguments, this study raises a hypothesis that technical rules pose significant constraints to AI predictive capacities. It tests this hypothesis through critical review of literature on the structure of technical rules within AI ecosystem and its incompatibility with traditional legal rules. Functional contextualism is used as analytical tool to examine the structural framing of technical and legal rules within the context of AI ecosystem and society. The fundamental concept that animates legal rules which regulate construction contracts across the globe provide the basis for this study against AI technical rules to elicit the predictive capacity of AI system in construction projects.
Topics to be discussed in this special session include (but are not limited to) the following:
Researchers and practitioners are invited to submit papers for this special theme session on Artificial Intelligence and Law on or before 31st December 2022.
All submissions must be original and may not be under review by another publication.
All papers should be submitted via Easychair on the following link: https://easychair.org/my/conference?conf=ailaw2023
INTERESTED AUTHORS SHOULD CONSULT THE CONFERENCE’S GUIDELINES FOR MANUSCRIPT SUBMISSIONS at https://icactce-conf.com/call-for-papers-2/.
All submitted papers will be reviewed on a double-blind, peer review basis.
All the accepted papers (after double blinded peer review) will be published within the ICACTCE’23 Proceedings (SCOPUS Indexed).
Further extended accepted papers will be published in the special issues of SCI/SCOPUS/WoS/DBLP/ACM/EI indexed Journals.
NOTE: While submitting paper in this special session, please specify Artificial Intelligence and Law at the top (above paper title) of the first page of your paper.