The Case for Nurturing AI Literacy in Law Schools
| Published date | 01 January 2025 |
| DOI | http://doi.org/10.1177/23220058241265613 |
| Author | Sara Migliorini,João Ilhão Moreira |
| Date | 01 January 2025 |
The Case for Nurturing AI
Literacy in Law Schools
Sara Migliorini1 and João Ilhão Moreira1
Abstract
The debate surrounding the permissibility of generative artificial intelligence (AI) tools in legal education
has garnered widespread attention. However, this discourse has largely oscillated between the advantages
and disadvantages of generative AI usage whilst failing to fully consider how the uptake of these tools
relates to the fundamental objectives of legal education. This article contributes to the current debate
by positing that since the primary aim of legal education is the preparation of legal professionals and
the development of legal research, generative AI must be holistically integrated into the dominant
approaches to legal teaching. This stems from the fact that the legal profession will increasingly rely
on generative AI in its daily work. Therefore, AI literacy will emerge as a critical professional skill in
the legal realm. Against this background, this article further argues that the integration of AI into the
legal curriculum should be addressed by diversifying assessment strategies, emphasizing the importance
of academic integrity and making resources on the ethical use of AI available to both students and
academic staff in law schools.
Introduction
On 30 November 2022, OpenAI released ChatGPT,2 marking a significant milestone in the field of
generative artificial intelligence (hereafter ‘generative AI’), a machine learning-based technology
capable of creating new content, particularly in the form of text. ChatGPT has rapidly become the most
popular generative AI commercial product,3 offering direct user instruction and the ability to swiftly
generate detailed responses by emulating human discourse.4 Subsequently, an increasing number of
AI-powered natural language processing (NLP) tools, such as Bing Chat, LLama, Claude, Jasper AI and
1 Faculty of Law, University of Macau, Macau SAR
2 Introducing ChatGPT, https://openai.com/blog/chatgpt (last visited Dec. 12, 2023).
3 Krystal Hu, ChatGPT Sets Record for Fastest-Growing User Base: Analyst Note, (Feb. 2, 2023), https://www.reuters.
com/technology/chatgpt-sets-record-fastest-growing-user-base-analyst-note-2023-02-01/ (last visited Feb. 8, 2024).
4 Introducing ChatGPT, supra note 1.
Article
Asian Journal of Legal Education
12(1) 7–24, 2025
© 2024 The West Bengal National
University of Juridical Sciences
Article reuse guidelines:
in.sagepub.com/journals-permissions-india
DOI: 10.1177/23220058241265613
journals.sagepub.com/home/ale
Corresponding author:
João Ilhão Moreira, Faculty of Law, University of Macau, E32, Macau SAR.
E-mail: joaomoreira@um.edu.mo
8 Asian Journal of Legal Education 12(1)
Perplexity AI, have emerged,5 intensifying the competition among generative AI-based commercial
products and prompting reflections about the substantial changes these tools may introduce to society
and various professions.6
In light of the significant technological leap facilitated by generative AI, many fields require a
comprehensive reassessment. In education, it is widely recognized that AI has the potential to profoundly
impact the dominant perspectives on methods of teaching and learning.7 As this technology continues to
evolve, contentious debates and divergent practices have emerged concerning the permissibility of
students employing generative AI tools for their assignments and papers.
Educational institutions worldwide have responded in various ways to the challenges raised by
generative AI. Whilst some have implemented complete bans, others have chosen to embrace this
technology. Notably, several universities across Europe have prohibited the use of generative AI in
teaching and academic research,8 a trend also observed in the United States. For instance, the New York
City Department of Education has restricted access to ChatGPT on school networks and devices.9
Conversely, certain schools, such as Yale University, have opted to collaborate with ChatGPT, making it
a component of their current teaching approach.10 Similarly, in Hong Kong, ChatGPT has garnered
substantial support in universities. For example, the University of Hong Kong, which initially prohibited
ChatGPT in February 2023,11 subsequently permitted its use by academics and employees, giving
students and staff free access to it.12 Additionally, the Hong Kong University of Science and Technology
has granted its staff the autonomy to establish guidelines for utilizing generative AI in teaching, offering
a reward to professors who develop generative AI applications within their curricula.13 Similarly, Hong
Kong Baptist University has initiated a ChatGPT trial for its teaching staff.14
The arguments both for and against the use of AI tools by students have primarily revolved around
their advantages and disadvantages. Proponents of banning AI tools have expressed concerns over
potential negative effects on students’ learning outcomes, arguing that an over-reliance on these tools
5 Kaushik Pal, Who Are the Competitors of ChatGPT? 12 Biggest Market Players, (Mar. 31, 2023), https://www.
techopedia.com/who-are-the-competitors-of-chatgpt (last visited Dec. 13, 2023).
6 Editorial, The AI Writing on the Wall, 5 1, 1 (2023).
7 Stephen Atlas, ChatGPT for Higher Education and Professional Development: A Guide to Conversational AI, 1
1, 9–10 (2023).
8 Ping Xiao, Yuanyuan Chen & Weining Bao, Waiting, Banning, and Embracing: An Empirical Analysis of Adapting Policies for
Generative AI in Higher Education (2023), http://arxiv.org/abs/2305.18617 (last visited Feb. 8, 2024).
9 Matt O’Brien, What Is ChatGPT and Why Are Schools Blocking It?, an. 8, 2023) https://apnews.com/article/what-is-
chat-gpt-ac4967a4fb41fda31c4d27f015e32660 (last visited Dec. 10, 2023).
10 Tate Ryan Mosley, How One Elite University Is Approaching ChatGPT This School Year, What Is ChatGPT and
Why Are Schools Blocking It?, Sept. 4, 2023), https://www.technologyreview.com/2023/09/04/1078932/elite-university-
chatgpt-this-school-year/ (last visited Dec. 10, 2023).
11 Cannix Yau & Kahon Chan, University of Hong Kong temporarily bans students from using ChatGPT,
(Feb 17, 2023), https://www.scmp.com/news/hong-kong/education/article/3210650/university-hong-kong-temporarily-bans-
students-using-chatgpt-other-ai-based-tools-coursework (last visited Jan. 24, 2024).
12 Leopold Chen, University of Hong Kong Allows AI, but Sets 20-Query Limit a Month for Students,
(Aug. 3, 2023), https://www.scmp.com/news/hong-kong/hong-kong-economy/article/3229874/university-hong-kong-allows-
artificial-intelligence-program-chatgpt-students-strict-monthly-limit (last visited Dec. 10, 2023).
13 Experiencing Generative AI Tools | Information Technology Services Center, HKUST, https://itsc.hkust.edu.hk/services/general-
it-services/generative-ai-tools (last visited Dec. 10, 2023).
14 Fiona Chow, Hong Kong Baptist University Begins ChatGPT Trial for Teachers, but Concerns Remain,
(May 19, 2023), https://www.scmp.com/news/hong-kong/education/article/3221176/hong-kong-baptist-university-begins-
chatgpt-trial-teaching-staff-professors-wary-over-lack (last visited Dec. 19, 2023).
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