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Hong KongLaw and Crime
Legal Tales
Alexander Tang

Why AI cannot – and should not – replace human judges

The limitations of large language models like ChatGPT go well beyond hallucinations, and the courtroom is no place for probabilistic guesswork

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Hong Kong’s judges attend the ceremonial opening of the legal year in January. Photo: Sam Tsang
Alexander Tang is the current deputy honorary secretary of the Hong Kong Bar Association and a civil and commercial litigator.
Every few months, another headline announces that artificial intelligence (AI) is poised to “disrupt” the legal profession. Lawyers, we are told, will soon be replaced by algorithms.

Judges, apparently, are next, with some recent research suggesting that machines are more “accurate” in following established legal principles than human judges.

While disruption will surely come, suggesting total replacement is imminent misconstrues what AI systems do and what our legal system and courts exist to achieve.

The starting point is this: insofar as we humans who designed AI can understand them, the large language models behind tools like ChatGPT are, at heart, pattern-completion machines. They ingest vast quantities of internet text and learn to predict, statistically, what word comes next.

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