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168 results

Page 1 of 9

  • 8 - Governance of Lawyering and Lawyering Governance of AI

  • from Part III - Technology’s Disruptive Effects on Law
  • Edited by Roger Brownsword, King's College London, Larry A. DiMatteo, University of Florida
  • Book:
    The Cambridge Handbook of the Governance of Technology
    Published online:
    30 October 2025
    Print publication:
    13 November 2025, pp 123-150

  • Summary

    Advanced AI (generative AI) poses challenges to the practice of law and to society as a whole. The proper governance of AI is unresolved but will likely be multifaceted (soft law such as standardisation, best practices and ethical guidelines), as well as hard law consisting of a blend of existing law and new regulations. This chapter argues that ‘lawyer’s professional codes’ of conduct (ethical guidelines) provide a governance system that can be applied to the AI industry. The increase in professionalisation warrants the treating of AI creators, developers and operators, as professionals subject to the obligations foisted on the legal profession and other learned professions. Legal ethics provides an overall conceptual structure that can guide AI development serving the purposes of disclosing potential liabilities to AI developers and building trust for the users of AI. Additionally, AI creators, developers and operators should be subject to fiduciary duty law. Fiduciary duty law as applied to these professionals would require a duty of care in designing safe AI systems, a duty of loyalty to customers, users and society not to create systems that manipulate consumers and democratic governance and a duty of good faith to create beneficial systems. This chapter advocates the use of ethical guidelines and fiduciary law not as soft law but as the basis of structuring private law in the governance of AI.

The Cambridge Handbook of the Governance of Technology
  • Edited by Roger Brownsword, Larry A. DiMatteo
  • Published online:
    30 October 2025
    Print publication:
    13 November 2025
  • In recent years, the use of AI has skyrocketed. The introduction of widely available generative AI, such as ChatGPT, has reinvigorated concerns for harm caused to users. Yet so far government bodies and scholarly literature have failed to determine a governance structure to minimize the risks associated with AI and big data. Despite the recent consensus among tech companies and governments that AI needs to be regulated, there has been no agreement regarding what a framework of functional AI governance should look like. This volume assesses the role of law in governing AI applications in society. While exploring the intersection of law and technology, it argues that getting the mix of AI governance structures correct-both inside and outside of the law-while balancing the importance of innovation with risks to human dignity and democratic values, is one of the most important legal-social determination of our times.

  • 17 - AI, Lawyers, and Consumers

  • from Part V - Application and Regulation of AI
  • Edited by Larry A. DiMatteo, University of Florida, Cristina Poncibó, Université de Turin, Geraint Howells, National University of Ireland, Galway
  • Book:
    The Cambridge Handbook of AI and Consumer Law
    Published online:
    21 October 2024
    Print publication:
    31 October 2024, pp 252-272

  • Summary

    This chapter examines the effects that legally-oriented AI developments will have on consumer protection and to consumers’ need for legal advice and representation. The chapter provides a brief survey of the many possible ways in which AI may influence consumers’ legal needs. It provides comparative analysis of the benefits and risks of the use of AI in the legal sphere, discusses the state of regulation in this area and argues in favor of a new regulatory framework.

Page 1 of 9