Easy and hard problems: mapping the challenges of AI in law – Law, Innovation and Technology

‘This article critically engages with the transformative impact of artificial intelligence (AI) on the conceptual foundations of legal discourse by distinguishing between ‘easy’ and ‘hard’ problems. Easy problems encompass those issues that, while complex and demanding, can be managed within existing legal paradigms through conceptual refinement and adaptation. In contrast, hard problems fundamentally challenge the established foundations of law as we know it, calling us to a radical rethink of our legal language. The article argues that AI-driven datafication constitutes an epistemological and ontological rupture, shifting subjectivity from an analogue paradigm – characterised by continuity and individual autonomy – to a digital one, defined by discrete data points and algorithmic predictability. Such an impact of AI on subjectivity has profound repercussions on our legal discourse, requiring not merely doctrinal adjustments but potentially a radical reconceptualization of our legal categories and frameworks.’

Link: https://doi.org/10.1080/17579961.2026.2705116