Why Legal Technology Needs Philosophers (Part I)

As legal technology continues to transform the way we practice law, enhancing efficiency, access to information, and even decision-making processes, we must pause and ask: What is the ultimate purpose of this transformation? Behind every innovation, there is a critical need to ensure that technology aligns with the values that have long underpinned the legal system. This is where philosophy becomes indispensable.

Philosophy, often seen as a distant cousin to the technical fields, actually provides the foundational questions and ethical frameworks that guide not only what we should build but why and how it should be built. Here are several reasons why philosophy is essential to the future of legal technology:

1. Defining Justice and Fairness

Legal technology aims to improve access to justice, enhance fairness, and promote transparency—but what do these terms really mean? Justice and fairness are not mere technical goals; they are deeply normative concepts rooted in philosophy. Without a clear, philosophically informed definition, legal tech risks operating on implicit assumptions that may perpetuate rather than dismantle existing inequities. To meaningfully advance justice, legal tech must grapple with philosophical questions that clarify and enrich its mission.

2. Ethics in Decision-Making

AI and machine learning increasingly predict legal outcomes and assist in decision-making, but how do we ensure these predictions align with ethical standards? Philosophical frameworks like deontology, consequentialism, and virtue ethics offer structured approaches to understanding the moral implications of these technologies. Legal tech that incorporates ethical reasoning is better positioned to uphold the values of justice and integrity, rather than simply maximizing efficiency.

3. The Interpretation of Legal Language

Legal texts are filled with interpretive nuance. Words are rarely just words in law; they are informed by context, precedent, and intent. Philosophers, particularly in hermeneutics (the philosophy of interpretation), study how meaning is derived, a skill that’s crucial when creating algorithms to interpret legal documents. Legal tech without an interpretive framework risks glossing over these complexities, potentially missing the deeper meaning embedded within legal language.

4. Agency and Responsibility

Who is responsible for decisions made by algorithms in the legal field? As technology takes on roles traditionally held by human actors, questions of agency and accountability arise. Philosophy provides the tools to explore agency, responsibility, and autonomy, helping us determine who is ultimately accountable when errors occur or biases emerge in legal tech systems. Clarifying these issues is crucial for building trust and responsibility within the legal tech ecosystem.

5. The "Hard Problem" of Legal Interpretation

Just as philosophers wrestle with the “hard problem” of consciousness, legal technologists face the hard problem of interpreting legal language. Legal language is filled with meaning that goes beyond literal words. Here, philosophy of mind, particularly phenomenology and embodied cognition, offers insights into understanding and replicating the human nuances involved in interpretation—allowing for a more sophisticated approach to legal tech.

6. AI Alignment in Legal Contexts

If we think of legal AI as needing to align with societal values and norms, then philosophical thinking becomes a cornerstone for alignment strategies. Philosophical frameworks around procedural justice, rights, and democracy guide AI in upholding values in ways that reflect rather than distort human norms. Philosophical alignment ensures that AI-driven legal tech does not undermine the very system it’s built to serve.

7. Informed Regulation and Compliance

As legal tech grows, so does the need for regulation. But, effective regulation depends on clearly defined values regarding autonomy, privacy, and dignity. Philosophy offers the conceptual clarity needed to navigate these values, helping lawmakers and technologists alike to understand the deeper human rights at stake. With a philosophical foundation, regulatory frameworks can better protect the public and maintain trust in legal systems.

Legal technology has extraordinary potential, but it needs the guidance of philosophy to achieve it. Philosophy ensures that as legal technology advances, it remains a tool that serves justice, not just expediency. Only through thoughtful reflection and ethical grounding can we realize a future where technology truly complements the role of law in fostering a more equitable society.

Let’s not just build faster solutions—let’s build better, more just ones that support the rule of law and the values of democracies.