This article examines algorithmic persuasion within a long-term theoretical framework that links language, persuasion, and legal rationality. Beginning with the classical relationship between speech, corporeality, and persuasion, the analysis traces the historical process through which language becomes progressively objectified, culminating in contemporary generative artificial intelligence. The paper distinguishes persuasion as a psychological effect from persuasiveness as the quality of a discourse as rational achievement emerging in oppositional argumentative contexts, a distinction central to modern legal theory. Drawing on recent empirical literature, the article shows that generative AI can reach persuasive effectiveness comparable to human agents, while identifying transparency, personalization, and cultural heuristics as key moderating factors. Finally, it highlights the ethical and juridical tensions between technological efficiency, human oversight, privacy, and the preservation of human dignity.
Legal Persuasion in the Age of AI
Claudio Sarra
2026
Abstract
This article examines algorithmic persuasion within a long-term theoretical framework that links language, persuasion, and legal rationality. Beginning with the classical relationship between speech, corporeality, and persuasion, the analysis traces the historical process through which language becomes progressively objectified, culminating in contemporary generative artificial intelligence. The paper distinguishes persuasion as a psychological effect from persuasiveness as the quality of a discourse as rational achievement emerging in oppositional argumentative contexts, a distinction central to modern legal theory. Drawing on recent empirical literature, the article shows that generative AI can reach persuasive effectiveness comparable to human agents, while identifying transparency, personalization, and cultural heuristics as key moderating factors. Finally, it highlights the ethical and juridical tensions between technological efficiency, human oversight, privacy, and the preservation of human dignity.Pubblicazioni consigliate
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