Pareidolic Illusions of Meaning: ChatGPT, Pseudolaw and the Triumph of Form over Substance

Abstract

The early 2020s has seen the rise of two strange and potentially quite impactful social phenomena, namely pseudolaw, where users rely upon pseudolegal arguments that mimic the form and ritual of legal argumentation but fundamentally distort the content of law, and generative AI/LLMs, which generate content that uses probabilistic calculations to create outputs that look like human generated text. This article argues that the juxtaposition of the two phenomena helps to reveal that they both share two fundamental traits as both elevate form and appearance over substance and content, and users of both routinely mistake the form for the substance. In drawing upon legal theory, computer science, linguistics and cognitive psychology, the article argues that both phenomena rely upon creating illusions of meaning that users mistake for the underlying primary phenomenon. I then explore four implications of this conception of both phenomena. Firstly, both rely on human tendencies of conceptual pareidolia resulting in the erroneous perception of meaningful linguistic legal patterns from nebulous inputs. Secondly, both rely upon the confidence heuristic, the human cognitive bias for treating confidence as a proxy for competence. Thirdly, both succeed when the primary concern is with the form of the output and not its content. Fourthly, both rely heavily upon the magical thinking of users and the desire for the promise of the approach to be real. The article argues that the legal context helps to reveal a solution for the problems caused by both phenomena as it is only where users possess sufficient legal and technological literacy that it becomes possible to reveal to them the illusionary nature of the phenomena.