| 英文摘要 |
This article reflects on the evolving role of artificial intelligence (AI) within legal frameworks, scholarship, and procedures. It introduces the distinction between AI as autonomous agents and AI as tools for analysing the promises and perils of integrating AI into legal practices. Through this lens, it surveys the array of AI tools that aim to augment legal analysis, rule formulation, and decision-making processes. Furthermore, the article critically examines the normative implications of AI assuming an active role as an agent within legal processes. It argues that addressing this question necessitates an understanding of law not solely as a mechanistic system, but as a vital part of the human form of life. Engaging in this form of life demands traits such as commitment, competence, common sense, creativity, and judgment; traits that AI can simulate only to some degree, if any. To illustrate these limitations, the article presents a field-test utilizing ChatGPT; understanding them is paramount for anyone who relies on or develops AI tools for legal research and application. |
