Perlman: Generative AI And The Future Of Legal Scholarship

Andrew M. Perlman (Dean, Suffolk; Google Scholar), Generative AI and the Future of Legal Scholarship:

Since ChatGPT's release in November 2022, legal scholars have grappled with generative AI's implications for the law, lawyers, and legal education. Articles have examined the technology's potential to transform the delivery of legal services, explored the attendant legal ethics concerns, identified legal and regulatory issues arising from generative AI’s widespread use, and discussed the impact of the technology on teaching and learning in law school.

By late 2024, generative AI has become so sophisticated that legal scholars now need to consider a new set of issues that relate to a core feature of the law professor's work: the production of legal scholarship itself.

To demonstrate the growing ability of generative AI to yield new insights and draft sophisticated scholarly text, the rest of this piece contains a new theory of legal scholarship drafted exclusively by ChatGPT. In other words, the article simultaneously articulates the way in which legal scholarship will change due to AI and uses the technology itself to demonstrate the point.

The entire piece, except for the epilogue, was created by ChatGPT (OpenAI o1) in December 2024. The full transcript of the prompts and outputs is available here, but every word of the article was drafted by generative AI. Moreover, there was no effort to generate multiple responses and then publish the best ones, though ChatGPT had to be prompted in one instance to rewrite a section in narrative form rather than as an outline.

The methodology for generating the piece was intentionally simple and started with the following prompt:

"Develop a novel conception of the future of legal scholarship that rivals some of the leading conceptions of legal scholarship. The new conception should integrate developments in generative AI and explain how scholars might use it. It should end with a series of questions that legal scholars and law schools will need to address in light of this new conception."

After ChatGPT provided an extensive overview of its response, it was asked to generate each section of the piece using text “suitable for submission to a highly selective law review.” The first such prompt asked only for a draft of the introduction. The introduction identified four parts to the article, so ChatGPT was then asked to draft Parts I, II, III and IV in separate prompts until the entire piece was completed. Because of output limits that restrict how much content can be generated in response to a single prompt, each section of the article is relatively brief. A much more thorough version of the article could have been generated if ChatGPT had been prompted to create each sub-part of the article separately rather prompting it to produce entire parts all at once.

The epilogue offers my own reflections on the resulting draft, which (in my view) demonstrates the creativity and linguistic sophistication of a competent legal scholar. Of course, as with any competent piece of scholarship, the article has gaps and flaws. In other words, it is far from perfect. But then again, very few pieces of legal scholarship are otherwise. Rather than focusing on these flaws, scholars should consider the profound implications of these new tools for the scholarly enterprise. I discuss some of those implications in the epilogue, but apropos of the theme of the piece, generative AI has some useful ideas for us to consider in this regard.

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