Mind, Machine, and Metaphor

Book excerpt: In this provocative essay, Alexander E. Silverman explores the relationship between artificial intelligence (AI) and the law from the point of view of the legal theorist. Beginning with an overview of AI technology, he provides the necessary background review of classical, connectionist, fuzzy, and interactionist approaches to AI, as well as of legal expert systems. He then applies the lessons from this research to a number of jurisprudential topics, including the concepts of indeterminacy, open texture, and essential vagueness; Kuhnian paradigm shifts and the nature of theory; and the production of new metaphors of law. He concludes with a discussion of the lessons of AI research for our understanding of human legal reasoning. Mind, Machine, and Metaphor is a rich, original, and wide-ranging view of legal theory in the context of AI research. It is essential reading for legal theorists and for legal scholars and students of AI with an interest in each other's fields.