Mechanical Legal Jurisprudence, Sharia, Manu Smriti (Vedic) and Artificial Intelligence (AI) based Jurisprudence.

Let's discuss today four incredibly rich and complex legal systems, spanning different historical periods and cultural contexts: Mechanical Jurisprudence, Sharia, Manu Smriti, and AI-based Jurisprudence. While seemingly disparate, they offer a fascinating lens through which to explore the evolving relationship between law, technology, and societal values.

Mechanical Jurisprudence, Roscoe Pound's theory:

• Origin: This term was coined by American legal scholar Roscoe Pound in his 1908 essay "Mechanical Jurisprudence."
• Meaning: Pound used it to criticize a rigid and formalistic approach to law, in which judges simply applied pre-existing rules to new cases and precedent (stare decisis) without considering the social context or consequences of their decisions. He argued that this approach ignored the human element of law and made it unresponsive to changing needs.
• Key aspects: Law should be seen as a tool for social engineering, aimed at achieving desired social goals. Judges should have more discretion to adapt legal rules to the specific circumstances of each case. Legal reasoning should be informed by sociological and other social sciences.

2. More general critique of formalism:

• Meaning: More broadly, "mechanical jurisprudence" can refer to any critique of an excessively formalistic approach to law. This includes judges who rely heavily on precedent and legal logic without considering the broader context or fairness of their decisions.
• Criticisms of originalism in constitutional interpretation. Arguments against rigid adherence to stare decisis (following precedent) in cases where the law is outdated or harmful.

3. Historical usage:

• Significance: In the early 20th century, "mechanical jurisprudence" was a major topic of debate among legal scholars. It helped to pave the way for the development of legal realism, a more flexible and pragmatic approach to law.
• Relevance today: The debate between formalism and anti-formalism continues to be relevant in legal scholarship and practice today.

The term "AI Mechanical Jurisprudence" intertwines emerging artificial intelligence technologies with traditional legal notions and critiques like Roscoe Pound's "Mechanical Jurisprudence."

1. AI as a tool for formalistic application of law:

• Similar to Pound's critique, AI systems could potentially exacerbate issues with rigid and formalistic legal approaches. Legal algorithms might blindly apply pre-programmed rules without considering the nuances of individual cases or societal context. This could lead to unfair outcomes and hinder the evolution of laws to adapt to changing needs.

2. AI for mitigating biases and promoting equal justice:

• If designed and implemented thoughtfully, AI could actually help overcome some of the limitations of traditional legal systems. Machine learning algorithms trained on large datasets could potentially identify and mitigate human biases in legal decision-making. They could also analyze vast amounts of legal data to uncover patterns and potential injustices, guiding judicial reforms and policy changes.

3. Transparency and accountability of AI-based legal systems:

• Even with potential benefits, the use of AI in legal systems raises questions about transparency and accountability. When algorithms are making decisions that impact people's lives, it's crucial to understand how they reach those decisions and ensure they are based on sound legal principles and data. This requires careful considerations of algorithmic explainability, bias detection, and human oversight mechanisms.

4. The evolving role of judges and lawyers in the AI era:

• The integration of AI in legal systems is likely to change the roles of judges and lawyers. They might need to develop new skills to understand and evaluate the outputs of AI algorithms, while still focusing on interpretating laws, advocating for clients, and ensuring ethical and fair outcomes.

"A lawyer representing a man in a personal injury lawsuit in Manhattan has thrown himself on the mercy of the court. What did the lawyer do wrong? He submitted a federal court filing that cited at least six cases that don’t exist. Sadly, the lawyer used the AI chatbot ChatGPT, which completely invented the cases out of thin air. The lawyer in the case, Steven A. Schwartz, is representing a man who’s suing Avianca Airlines after a serving cart allegedly hit his knee in 2019. Schwartz said he’d never used ChatGPT before and had no idea it would just invent cases." [5]

Manu Smriti: [1]

Manusm?ti??also known as?Mānava-Dharma?āstra??is the most important and earliest metrical work of the?Dharma?āstra?textual tradition of ?Vedic society.?

Generally known in English as the?Laws of Manu, it was first translated into English in 1794 by?Sir William Jones, an English Orientalist and judge of the British Supreme Court of Judicature in Calcutta.?The text presents itself as a discourse given by?Manu, the?progenitor of mankind?to a group of seers, or?rishis, who beseech him to tell them the "law of all the social classes" (1.2). Manu became the standard point of reference for all future Dharma?āstras that followed it (potentially inflencing Sharia and Catholic texts).

According to Vedic tradition, the Manusmriti records the words of?Brahma.?By attributing the words to supernatural forces, the text takes on an authoritative tone as a statement on?Dharma, in opposition to previous texts in the field, which were more scholarly. It is one of the most important sources of Hindu law and ethics. It is attributed to the legendary first man and lawgiver, Manu.

The Manu Smriti is a complex and multifaceted text that covers a wide range of topics, including:

• Cosmology: It begins with a description of the creation of the universe and the human race.
• Dharma: It defines dharma, the Hindu concept of duty and morality.
• Social order: It outlines the four varnas, or social classes, and the duties and obligations of each.
• Marriage: It provides rules for marriage, divorce, and remarriage.
• Inheritance: It establishes rules for inheritance.
• Crime and punishment: It sets forth laws for crimes and their punishments.

The Manu Smriti has had a profound influence on Hindu society and culture. It has been used to justify the caste system, the subordinate role of women, and other discriminatory practices. However, it has also been interpreted in more progressive ways, and it continues to be a source of inspiration for many Hindus.

Some of the key features of Manu Smriti include:

• Varnasrama - The four varnas: The Manu Smriti divides society into four varnas, or social classes: Brahmans (priests and scholars), Kshatriyas (warriors and rulers), Vaishyas (merchants and farmers), and Shudras (laborers). The varnas are believed to be based on a person's innate qualities and abilities (guna and Karma) and not by birth.
• Stri Dharma - The duties of women: The Manu Smriti prescribes a subordinate role for women. It states that women should be obedient to their husbands and fathers.
• The law of karma: The Manu Smriti teaches the law of karma, which states that the consequences of one's actions in this life will determine one's fate in the next.

The Manu Smriti has been criticized by west leaning scholars for its "discriminatory and patriarchal" views. However, it is important to note that the text is relevant for past, current times and the future as well. In recent years, there has been a growing movement to reinterpret the Manu Smriti in more progressive ways. Some Hindus believe that the text can be interpreted to support equality and social justice.

Srila Prabhupada explains:

"There are many rules and regulations guiding human behavior, such as the Manu-sa?hitā, which is the law of the human race. Even up to today, those who are Hindu follow the Manu-sa?hitā. Laws of inheritance and other legalities are derived from this book".

BG 16.7, Purport:

"As for behavior, there are many rules and regulations guiding human behavior, such as the Manu-sa?hitā, which is the law of the human race. Even up to today, those who are Hindu follow the Manu-sa?hitā. Laws of inheritance and other legalities are derived from this book. Now, in the Manu-sa?hitā it is clearly stated that a woman should not be given freedom. That does not mean that women are to be kept as slaves, but they are like children. Children are not given freedom, but that does not mean that they are kept as slaves. The demons have now neglected such injunctions, and they think that women should be given as much freedom as men. However, this has not improved the social condition of the world. Actually, a woman should be given protection at every stage of life. She should be given protection by the father in her younger days, by the husband in her youth, and by the grownup sons in her old age. This is proper social behavior according to the Manu-sa?hitā. But modern education has artificially devised a puffed—up concept of womanly life, and therefore marriage is practically now an imagination in human society. Nor is the moral condition of woman very good now. The demons, therefore, do not accept any instruction which is good for society, and because they do not follow the experience of great sages and the rules and regulations laid down by the sages, the social condition of the demoniac people is very miserable".

Sharia:

Meaning "the path" or "the way" in Arabic, is the Islamic legal system. It is derived from the Quran, the holy book of Islam, and the Sunnah, the teachings and practices of the Prophet Muhammad.

Here are some key points to understand about Sharia:

Sources:

• Quran: The Quran is the primary source of Islamic legal principles. It contains verses that directly address legal matters, such as inheritance, marriage, and crime.
• Sunnah: The Sunnah, which includes the sayings and actions of the Prophet Muhammad, is also considered a source of Sharia. Islamic scholars interpret the Sunnah to derive legal rulings. This has been controversial in many non-Islamic countries.
• Ijma: Ijma refers to the consensus of Islamic scholars on a legal issue. It is considered a valid source of Sharia when there is a clear consensus among scholars on a specific matter. Qiyas is analogical reasoning used to derive legal rulings for new situations not directly addressed in the Quran or Sunnah.

Scope:

• Sharia addresses both personal and public matters, including:Religious rituals: Prayers, fasting, and other religious practices are guided by Sharia.Family law: Marriage, divorce, inheritance, and child custody are governed by Sharia principles.Criminal law: Sharia defines crimes and prescribes punishments.Economic and social matters: Contracts, business transactions, and other social interactions are also guided by Sharia principles.

Different interpretations:

• There is no single, unified interpretation of Sharia. Different schools of Islamic jurisprudence have developed different interpretations of the legal principles, leading to variations in how Sharia is applied in different Muslim countries.

Modern debates:

• The application of Sharia in the modern world is a subject of ongoing debate. Some argue that Sharia is outdated and incompatible with modern values, while others believe that it can be adapted to meet the needs of contemporary societies.
• The role of women in Sharia is also a contentious issue. Some interpretations are seen as discriminatory towards women, while others emphasize the rights and protections granted to women under Islamic law.
• Certain interpretations of Sharia law have been criticized for potentially restricting women's rights and freedoms in areas like marriage, divorce, education, and employment. These criticisms often highlight specific legal practices or cultural interpretations that diverge from the core principles of gender equality within Islamic teachings.

Elaine Ellinger writes on linkedin on Sharia:

"Is There Freedom of Religion in Islam? Young TikTokers flaunting newly purchased Korans (Quran) are trending these days, so I purchased one to check the translation. (i) Unsurprisingly, it was greatly simplified and in it K4:34 now reads that it is permissible to ‘spank’ rather than ‘beat’ your wife.?While it is well known that to join Islam it is only necessary to say the Shahada, ‘there is no God but Allah and Mohammed is his messenger’ it is more important to know that leaving Islam is an entirely different matter.?The foundational doctrine, the ordained way of sharia, makes it clear that to apostatize (which can be accomplished by not attending to obligatory prayers) is punishable by death. Easy to join, not so easy to leave?One case that made headlines recently was that of a planned attack on a well-known woman in England. (ii) The man who was arrested had converted to Islam, while she had converted away from Islam, and yet Islamic doctrine maintains that her decision, unlike his own, was deserving of death.?Not only sharia levies such a stiff penalty. There are 13 Islamic majority countries that impose capital punishment for apostasy from Islam or blasphemy(ii)?An oft quoted sura is K109 ‘to you is your religion and to me is mine’ revealed in Mecca before Mohammed’s migration to Medina and the beginning of the Islamic calendar.?This part of the Koran is not violent and there was no armed jihad prior to the migration.??However it is on the basis of K2:106 that the later verses are considered better or stronger. “We do not abrogate a verse or cause it to be forgotten except that We bring forth [one] better than it or similar to it.”?A later verse is K8:12 “…I will cast terror into the hearts of those who disbelieved, so strike [them] upon the necks and strike from them every fingertip"?In addition, K4:80 states that “He who obeys the Messenger [Mohammed] has obeyed Allah…” and there are many hadith where Mohammed states clearly that apostates should be killed:?Dawud 4360 When a slave runs away and reverts to polytheism, he may lawfully be killed Bukhari 7157 "He embraced Islam and then reverted back to Judaism" Mu`adh said "I will not sit down unless you kill him (as it is) the verdict of Allah and His Apostle Bukhari 6922 'Whoever changed his Islamic religion, then kill him'?According to Islamic doctrine, Muslim children have no freedom of choice in religion.?Mohammed said that all children are born Muslim, it is their parent that corrupt them to become Christians, Jews or pagans (Bukhari 1359)?After the death of Mohammed many people tried to leave Islam, resulting in the ‘Ridda’ (Apostasy) wars and thousands were slaughtered. (iv)?The constitutions of non-Islamic countries and the universal declaration of human rights demand freedom of religion for their constituents. Other belief systems can be left without consequence and are therefore compatible with this requirement. Islam is not".[4] [2] [3]

So how do we compare the four using the academic Formalism vs. Contextualism framework:

• Mechanical Jurisprudence: Pound's critique of rigid formalism resonates with some concerns about AI-based jurisprudence. Algorithms applying pre-programmed rules without considering context might lead to similar issues of unfairness and lack of adaptation.
• Sharia: Derivation from Quran and Sunnah as interpreted by humans
• Manu Smriti: Manusmriti is divine revelation from Bhagavan Krishna, transmitted through the sage Manu. This understanding comes from the Hindu tradition that categorizes the text as a Smriti, which means "remembered" or "tradition." Smritis are believed to be based on the Vedas, which are considered in Hinduism to be Shruti, or "heard" and directly revealed by divine sources. It is a compilation of legal and social customs, a single, unified work with a clear origin story. Some aspects might appear formalistic from a modern perspective, emphasizing adherence to specific texts or principles over individual circumstances.

Justice and Equality:

• AI-based Jurisprudence: AI systems could potentially mitigate human biases in judicial decisions. However, ethical implementation with transparency and accountability is crucial to prevent perpetuating or amplifying existing societal inequalities.
• Sharia: Under severe criticism especially under the context of Israel-Hamas war for discriminatory aspects, particularly regarding gender and social class.
• Manu Smriti: Modern interpretations and legal reforms strive to reconcile traditional principles with evolving notions of justice and equality.

Evolving Roles in Law:

• AI-based Jurisprudence: Legal professionals might need to develop new skills in interpreting AI outputs, ensuring ethical implementation, and advocating for clients in technologically driven legal systems.
• Sharia: There is some resistance to make it amenable to modern legal frameworks
• Manu Smriti: The ancient text continue to influence legal and social norms. Understanding their historical and contemporary interpretations is crucial for legal professionals navigating the system. "One who knows the Rig-veda, one who knows the Yagur-veda, and one who knows the Sama-veda, shall be known (to form) an assembly consisting of at least three members (and competent) to decide doubtful points of law". [v.12.112.]

Conclusion:

• Mechanical Legal Jurisprudence, and Artificial Intelligence (AI) based Jurisprudence are man made. Sharia and Manu Smriti (Vedic) are revealed scriptures based on time, place, and circumstance (Desh, Kala, Patra). Manu Smriti as the name suggests is for 'manavs' or humans, ordained by superior powers. Not sure of Sharia's relevance in ancient or modern times as vested interests seem to have modified them. I rest my case.

References:

1. Manu Samhita (radha.name)
2. Koran 2:106 https://legacy.quran.com/2/106(2) Koran 4:34 https://legacy.quran.com/4/34(3) Koran 4:80 https://legacy.quran.com/4/80(4) Koran 4:103 https://legacy.quran.com/4/103(5) Koran 109:1-6 https://legacy.quran.com/109(6) Koran 8:12 https://legacy.quran.com/8/12(7) Koran 8:17 https://legacy.quran.com/8/17(8) Hadith (Dawud 4360) https://sunnah.com/abudawud:4360(9) Hadith ?(Bukhari 7157) https://sunnah.com/bukhari:7157(10) Hadith (Bukhari 6922) https://sunnah.com/bukhari:6922(11) Hadith (Bukhari 1359) https://sunnah.com/bukhari:1359
3. Tiktoker video https://www.youtube.com/watch?v=eOM_hoF8UxE(ii) Tiktokers Koran?https://www.goodreads.com/book/show/54628184-the-qur-an(ii) https://www.theepochtimes.com/world/muslim-convert-jailed-for-life-for-plotting-to-kill-christian-preacher-at-speakers-corner-5547564?ea_src=ca-frontpage&ea_med=world-left-2(iii) Countries where apostasy is death: https://www.indy100.com/news/the-countries-where-apostasy-is-punishable-by-death-7294486(iv) Apostasy and Ridda wars: https://wikiislam.net/wiki/Islam_and_Apostasy
4. At 5:55 minutes: https://rumble.com/v44liw2-did-islam-improve-the-lives-of-women.html
5. Lawyer Uses ChatGPT In Federal Court And It Goes Horribly Wrong (forbes.com)