International Construction Law Review
THE LEGAL SYSTEM AND THE ADMINISTRATION OF JUSTICE IN A TIME OF TECHNOLOGICAL CHANGE: MACHINES BECOMING HUMANS, OR HUMANS BECOMING MACHINES?*
HON JAMES ALLSOP AC†
Introduction by Professor Douglas S Jones AO
INTRODUCTION
Artificial intelligence (AI) has transformed the traditional mechanics of the legal profession and changed existing perceptions of digital disruption. The construction industry, rooted in established practices, manual labour and human input,1 faces numerous barriers in overcoming its issues with productivity and efficiency.2 With the adoption of AI technologies sweeping across industries and professions alike, the construction industry is no exception. However, as presented by the Hon James Allsop AC in his piece, the possibilities of AI must continue to be constrained by human intellect.
The presence of AI technologies within the legal profession is not uncommon, despite recent developments. Machine learning, a subfield of AI, encompasses the use of computer programs to generate accurate predictive models through an analysis of historical data without explicit programming, thereby efficiently conducting tasks once considered to demand human intelligence.3 Machine learning, a critical component of contemporary AI technologies including Chat GPT-4 and other large language models, has underpinned key aspects of e-discovery within the legal profession for years in the form of predictive coding, a program utilising sample data to categorise documents in a larger data set through metadata, contextual and concept searching.4 Fundamentally, predictive coding enables users to
* The 2023 Sir Francis Burt Oration, delivered on 21 November 2023.
† I wish to acknowledge the invaluable assistance of Mr Peter Taurian in his research and in his helping me understand, to the extent I am able, the detail of AI, and to thank him for many thoughtful discussions about the law and the legal implications of AI.
1 Rane, N L, “Role of ChatGPT and similar generative Artificial Intelligence (AI) in construction industry” (Research paper, December 2023) 1.
2 Regona, M et al, “Opportunities and Adoption Challenges of AI in the Construction Industry:
A PRISMA Review”, (2022) 8(1) Journal of Open Innovation: Technology, Market and Complexity 45, 45.
3 Abioye, S O et al, “Artificial Intelligence in the Construction Industry: A Review of Present Status, Opportunities and Future Challenges”, (2021) 44 Journal of Building Engineering 3; Christian, G, “Predictive Coding: Adopting and Adapting Artificial Intelligence in Civil Litigation”, (2019) 97(3) Canadian Bar Review 486, 492.
4 Christian (n3) 492.
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