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What Is Legal Futurism?

Law 2050 is concerned with the future of law, legal practice, and legal education. The study of these three topics is often broadly described as “legal futurism” or “legal futurology.” Although there is a robust discourse today about the future of legal practice and legal education, less attention has been devoted to systematic study of the future of substantive law and legal institutions as a discipline. For example, in 2011, the Hague Institute for the Internationalisation of Law (HiiL) convened dozens of legal experts and experts from other disciplines to consider the evolution of law over the next 20 years. As Hiil’s name suggests, the focus of the proceedings was on the global scale (more on what HiiL produced in later posts). Hiil’s premise was that there was a need for more directed and focused effort in legal futurism. As Hiil explained in its report, Law Scenarios to 2030:

Legal futurists are not widespread among legal scholars and practitioners. compared with the extensive body of literature on the history of law, there is limited scholarly work on its longer-term future. Some scholars do focus on the future of law, but through very particular prisms, such as how technology will change it. Others address the future of only specific legal areas. Sometimes the future of legal traditions is questioned. On the whole, the limited time horizon of lawyers tends toward use of the most recently adopted law or court decision; they then look back and argue whether that particular law or decision will or will not work. Instead of systematically studying the future and future uncertainties, the lawyer’s way of dealing with uncertainties is to act through unadapted and contemporary norms, decisions, and institutions.

Speaking more succinctly, (more…)