The Transfer of Interpretive Responsibility to AI: Legal Authority, Professional Ethics, and the PSCA Protocol - Between Epistemic Delegation, Normative Simulation, and Algorithmic Opacity
The Transfer of Interpretive Responsibility to AI: Legal Authority, Professional Ethics, and the PSCA Protocol - Between Epistemic Delegation, Normative Simulation, and Algorithmic Opacity
<p>The rapid adoption of generative AI in legal practice has introduced a structural risk: the transfer of interpretive authority to probabilistic text generators, producing persuasive outputs that may simulate legal reasoning without guaranteeing traceability, coherence, or accountability. This paper develops a normative and comparative framework to diagnose this crisis of legal authority and proposes the Applied Cognitive Sovereignty Protocol (PSCA) as an operational, auditable checklist for lawyers, law firms, and courts. Drawing on Brazilian governance (CNJ/OAB) and recent transnational signals from U.S. and U.K. courts, the article connects professional duties to concrete controls for verification, data protection, and responsible human oversight. </p>
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