Legal Research in the Era of Large Language Models
Christoph Engel
Max Planck Institute for Research on Collective Goods
15 Jan 2025, 3:00 pm - 4:00 pm
Kaiserslautern building G26, room 111
SWS Colloquium
In a profound sense, the law is an applied field. It exists because society
needs rules to function. Even if these rules are seemingly "bright line", in
limit cases they require interpretation. Even more so if the rule in question
confines itself to enunciate a normative program, and leaves its implementation
to the administration and the judiciary. The traditional response is
hermeneutical. The legislator translates the normative intention into words.
That way, it implicitly delegates spelling out what these words mean to the
parties and the authorities involved in dissolving the concrete conflicts of
life. ...
In a profound sense, the law is an applied field. It exists because society
needs rules to function. Even if these rules are seemingly "bright line", in
limit cases they require interpretation. Even more so if the rule in question
confines itself to enunciate a normative program, and leaves its implementation
to the administration and the judiciary. The traditional response is
hermeneutical. The legislator translates the normative intention into words.
That way, it implicitly delegates spelling out what these words mean to the
parties and the authorities involved in dissolving the concrete conflicts of
life. This sketch of the law’s mission explains the traditional character of
legal research. If a researcher adopts an "inside view", she engages in a
division of labor with practicing lawyers. The quintessential product of this
research is a "commentary". The researcher summarizes the state of the art
thinking about a statutory provision (and maybe proposes an alternative
reading). Alternatively, the researcher adopts an "outside view". In the spirit
of a social scientist, she treats the law as her object of study. Typical
products are more precise definitions of and empirical investigations into a
class of social problems that legal rules are meant to address; or attempts at
finding traces of judicial policy in the jurisprudence of a court. Large
language models have the potential to deeply affect all of these strands of
legal research. As the potential is more easily discernible for the "outside
view", the talk will only briefly illustrate in which ways LLMs are likely to
fuel this strand of legal research. It will drill deeper into the "inside
view", and explain how an important part of this research, the summarization of
the jurisprudence on a statutory provision (the guarantee of freedom of
assembly in the German Constitution) can already today be delegated to the LLM.
It is not difficult to predict that, ten years from now, legal research will
look radically different.
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