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GPT-5 outperforms federal judges in legal reasoning experiment

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Re: GPT-5 outperforms federal judges in legal reasoning experiment

#12
post #6

You can also avoid "hungry judge effect" by making sure GPT is always fully charged before prompting it.

"hungry judge effect" is a debunked myth.

The story of its debunking is so much more interesting: https://www.cambridge.org/core/journals/judgment-and-decisio...

Re: GPT-5 outperforms federal judges in legal reasoning experiment

#14
The premise seems flawed.

From the paper:

“we find that the LLM adheres to the legally correct outcome significantly more often than human judges”

That presupposes that a “legally correct” outcome exists

The Common Law, which is the foundation of federal law and the law of 49/50 states, is a “bottom up” legal system.

Legal principals flow from the specific to the general. That is, judges decided specific cases based on the merits of that individual case. General principles are derived from lots of specific examples.

This is different from the Civil Law used in most of Europe, which is top-down. Rulings in specific cases are derived from statutory principles.

In the US system, there isn’t really a “correct legal outcome”.

Common Law heavily relies on “Juris Prudence”. That is, we have a system that defers to the opinions of “important people”.

So, there isn’t a “correct” legal outcome.

Re: GPT-5 outperforms federal judges in legal reasoning experiment

#17

The ability of ai to serve as impartial mediators could become the greatest civil rights advance in modern history.

That's right! Because there is no possible way they might end up incorporating all of the bias towards various demographics that are present in the human culture they are trained on. It will be like having god on your side! Always fair! Always honest!

Re: GPT-5 outperforms federal judges in legal reasoning experiment

#18

The premise seems flawed. From the paper: “we find that the LLM adheres to the legally correct outcome significantly more often than human judges” That presupposes that a “legally correct” outcome exists The Common Law, which is the foundation of federal law and the law of 49/50 states, is a “bottom up” legal system. Legal principals flow from the specific to the general. That is, judges decided specific cases based…

So judge rulings are the ground truth.

Remember the article that described LLMs as lossy compression and warned that if LLM output dominated the training set, it would lead to accumulated lossiness? Like a jpeg of a jpeg

Re: GPT-5 outperforms federal judges in legal reasoning experiment

#19

IANAL, but this seems like an odd test to me. Judges do what their name implies - make judgment calls. I find it re-assuring that judges get different answers under different scenarios, because it means they are listening and making judgment calls. If LLMs give only one answer, no matter what nuances are at play, that sounds like they are failing to judge and instead are diminishing the thought process down to black-…

Yeah, I'm reminded of the various child porn cases where the "perpetrator" is a stupid teenager who took nude pics of themselves and sent them to their boy/girlfriend. Many of those cases have been struck down by judges because the letter of the law creates a non-sequitur where the teenager is somehow a felon child predator who solely preyed on themselves, and sending them to jail and forcing them to sign up for a sex offender registry would just ruin their lives while protecting nobody and wasting the state's resources.

I don't trust AI in its current form to make that sort of distinction. And sure you can say the laws should be written better, but so long as the laws are written by humans that will simply not be the case.

Re: GPT-5 outperforms federal judges in legal reasoning experiment

#20

The premise seems flawed. From the paper: “we find that the LLM adheres to the legally correct outcome significantly more often than human judges” That presupposes that a “legally correct” outcome exists The Common Law, which is the foundation of federal law and the law of 49/50 states, is a “bottom up” legal system. Legal principals flow from the specific to the general. That is, judges decided specific cases based…

I don't think that common law doctrine applies here though. The facts of any particular case always apply to that specific case no matter what the system. It is the application of the law to those facts which is where they differ, and in common law systems lower courts almost never break new ground in terms of the law. Judges almost always have precedent, and following that is the "legally correct" outcome.
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