Session

In one prediction of the near future, the primary role of translators will have shifted to verifying AI work, thereby eliminating the more repetitive elements of re-'presenting' a contract in a different language. But what if, in those tedious steps of obsessing over small details, lie decisions that only humans can make, such as detecting subtle nuances? AI uses probability to predict a given sequence of words. Are subtle nuances lost in pattern recognition? Contract law governs real-life individuals and myriad subject matters, and where translation is concerned, likely across diverse jurisdictions. Given that the interpretation of terms is the most common source of contractual disputes, the ability to interpret terms is as vital to translation as it is to legal drafting. Where the objective standard is applied, who is the 'reasonable person' advanced by this culture? With lived experience, we identify assumptions and read between the lines. Plain English must be clear and to the point. AI produces material that outwardly conforms to a certain writing style, but sounds noncommittal at its core, geared as it is to give some kind of response without appearing obviously wrong. In order to avoid ambiguities that open the door to extrinsic evidence, lawyers and translators turn their minds to possible alternative interpretations. Interpretation is more or less 'creative' misreading, per the late literary critic Harold Bloom. However, generative AI does not actually create output. It responds to prompts by recognising patterns, and its capacity is limited to the material that it has processed, however voluminous that may be. Equipped with the power of imagination, human potential is infinite. Whilst the prevalent AI models are Large Language Models, meaning does not rest in language itself. It lives in our minds. The essence of a contract is to capture the parties' intentions. It is the space where minds meet. AI, on the other hand, has no intention, no concept of a mind to meet. It mimics understanding, without meta-cognition or consciousness of meaning. As such, AI can never displace our judgment and our ability to see what others may miss. By refining our intuition to recognise holes in reasoning, we will continue to add value.