In tech we trust? some general remarks on law in the technological era from a third world perspective

Abstract

A supposed “common faith” on technology as a liberational tool has entrenched different aspects of life on society, including Law. The advancement of Artificial Intelligence (AI) promises to free the “old” and “inefficient” legal systems from their laziness and bias. However, this instrumentalist view of technology, which embraces it as a tool for the improvement of social life, seems to be an often optimistic one, and does not provide a more critical assessment on the use of AI technology in legal practice. Therefore, among the various aspects of technological advancement that can be subject of scrutiny and critique, this article intends to explore the idea of inequality, related not only to the access to the benefits from technological inventions, but also to the (in)capacity of developing these new technologies, focusing on the development and application of emerging technologies in legal systems throughout the Third World, more specifically in the region of Latin America. In sum, our conclusions were that, due to the many barriers that the countries in the periphery of the globe face in order to achieve the “greatness” of the “developed” world, when it comes to the use of AI in legal practice, for example, what is left for the Third World is to simply assume the role of consumers instead of developers. Notwithstanding, once the marginalized countries embrace the technological gifts from the “advanced” nations and reshape their traditional institutions in order for them to fit in the mold of progress, it comes at a cost no one seems to be discussing a lot about.