Earlier quoted context omitted.
State capacity is a common good though, and AI makes abusing it much easier.
It's excludable, so I don't think it can be considered a common good.
The tragedy of the commons, AI edition
51–60 of 122 posts
Re: The tragedy of the commons, AI edition
#52Earlier quoted context omitted.
Moving from an adversarial each-party-has-lawyers-presenting-as-extreme-a-case-as-possibly-can-be-made-for-their-side system to something more like expert arbitrators and independent/court fact-finders would avoid the 'bury them in paperwork and filings' lawyer-cost explosions. Usually the concerns I've seen are around the lines of "the experts are gonna favor the powerful incumbents who they see a lot" buttttt if ou…
Such systems do exist in 'civil law' (vs common law) countries (which are most of them outside the English-speaking world).
If anything, some of the largest civil law countries in Europe, like Germany and Italy, can arguably be considered worse than common law countries in all of these respects. Whether that's incidental or due to civil law, I cannot say.
Re: The tragedy of the commons, AI edition
#53Earlier quoted context omitted.
So how do you propose to deal with the inevitable errors using AI would cause?
You cant fool me. It's AI all the way down.
You apply for your permit or whatever and the AI instantly denies you, so you start over and pull the lever again and this time the AI's random number generator comes up 777 and you get your permit.
Then the house can tune this for either reducing red tape (e.g. pulls are free) or favoring the rich (you have to pay a fee for each attempt so only the poor have to take the L once they run out of pocket money).
Re: The tragedy of the commons, AI edition
#54Earlier quoted context omitted.
> it’s just a deficit of state capacity. That’s what a “tragedy of the commons” is though. The degradation of a shared resource (state capacity) by people acting in their own best interest. The state using AI “to make bureaucracy instantaneous” is a tragedy of the commons. The experience is degraded because before you trusted your grievance will be heard, but now you might get auto rejected by an AI. It’s pretty much…
If you get rejected you can appeal the part the AI rejected the same as if you get rejected by a judge.
Re: The tragedy of the commons, AI edition
#55Earlier quoted context omitted.
Moving from an adversarial each-party-has-lawyers-presenting-as-extreme-a-case-as-possibly-can-be-made-for-their-side system to something more like expert arbitrators and independent/court fact-finders would avoid the 'bury them in paperwork and filings' lawyer-cost explosions. Usually the concerns I've seen are around the lines of "the experts are gonna favor the powerful incumbents who they see a lot" buttttt if ou…
How is that different from the current system? Wouldn’t you just bury those fact-finders in paperwork? Or are you trying to shift the cost and responsibility of the discovery phase to the court instead? Would the court pass it through to the plaintiffs/defendants like the lawyers do or is it just covered by the state?
Typically, the arbitrator is very well versed in the rules/area they are enforcing, and can see right through a snow job. In my province there is a tenancy tribunal that has to make a ruling before a court gets involved, and the courts rarely disagree with a decision made by the arbitrator in the 1% of cases that do get appealed. Because the rules are so clear, you can shovel piles of paperwork at them, and they will ignore it because they know what pieces of paper they actually need to make their decision.
It isn't for complex big money cases, but it means that courts have more time for those cases because they aren't dealing with ticky tacky minor disputes over damage deposits and fender benders.
Tenancy arbitration is just one of them, BTW. Just about every industry or agency has an outside ombudsperson that is the first step of dispute resolution before a court will be interested.
Re: The tragedy of the commons, AI edition
#56> Interim relief is a case study of how AI, like a heat-seeking missile, can lock on to the most obscure provisions of the law—and create carnage. The impact on Britain’s employment tribunals (courts that resolve disputes between employers and workers) illustrates a phenomenon emerging everywhere. AI-induced demand is overwhelming bureaucracies built for the analogue age—from Dutch municipal-tax appeals to the Canadi…
Big companies have a steady stream of legal cases with questionable merit. The lawyers start the case and then try to make it look like it will be a long and difficult battle with a lot of legal work (discovery, etc) attached.
The goal is to get the company to offer a monetary settlement to make the case go away. If you can inflate the difficulty of the case such that it would incur huge amounts of legal work for the company to disprove it, they might calculate that it’s cheaper to offer the person $20,000 than to spend $40,000 of lawyer salaries for a team of people to handle it.
Some of the stories I heard from corporate legal people were crazy, like people forgetting that there were cameras in the building and trying to bring cases that were easily contradicted by reviewing the recordings.
As far as I can tell the limiting factor on these cases is people being afraid of expensive lawyer costs if they lose. If AI removes the lawyer costs from the equation and people start blasting companies with frivolous lawsuits with ChatGPT driving the case, I could see this becoming a real problem.
Re: The tragedy of the commons, AI edition
#57Tellingly, the legal tendency The Economist finds alarming involves workers asserting their rights.
https://www.hamptonthink.org/read/the-myth-of-the-tragedy-of...
Re: The tragedy of the commons, AI edition
#58Earlier quoted context omitted.
Such systems do exist in 'civil law' (vs common law) countries (which are most of them outside the English-speaking world).
Yes, although they don't really obviate the issues raised by GP (costs, length, complexity). If anything, some of the largest civil law countries in Europe, like Germany and Italy, can arguably be considered worse than common law countries in all of these respects. Whether that's incidental or due to civil law, I cannot say.
https://worldpopulationreview.com/country-rankings/lawyers-p...
Re: The tragedy of the commons, AI edition
#59Earlier quoted context omitted.
The answer is in the article. There needs to be a financial mechanism to deter nuance complaints. A small penalty for lodging a complaint and losing. This fee should help pay for the courts and reimburse and employer for time spent defending itself. (With the judge / magistrate able to wave the fee on compassionate grounds)
In Germany, the losing party pays 3x the court costs. The only issue is that everyone gets paid - the lawyer, the court etc. The only person that doesn’t get paid for their time investment is the person who is suing.