From the abstract of Colorado law prof Harry Surden’s very brief think piece, Values Embedded in Legal Artificial Intelligence:
Technological systems can have social values “embedded” in their design. This means that certain technologies, when they used, can have the effect of promoting or inhibiting particular societal values over others. Although sometimes the embedding of values is intentional, often it is unintentional, and when it occurs, it is frequently difficult to observe. The fact that values are embedded in technological systems becomes increasingly significant when these systems are used in the application of law.
Some legal technological systems have started to use machine-learning, formal rule representation, and other artificial intelligence techniques. Systems that use artificial intelligence in the legal context raise novel, and perhaps less familiar, issues of embedded values that require particular attention. This article explores challenges posed by values embedded in legal technological systems, particularly those that employ artificial intelligence.