Prompting from the bench: Large-scale pretraining is not sufficient to prepare LLMs for ordinary meaning analysis
Bibliographic record
Abstract
In the U.S. judicial system, a widespread approach to legal interpretation entails assessing how a legal text would be understood by an ‘ordinary’ speaker of the language. Recent scholarship has proposed that legal practitioners leverage large language models (LLMs) to ascertain a text's ordinary meaning. But are LLMs up to the task? As textual interpretation questions arise in spheres ranging from criminal law to civil rights, we argue it is crucial that models not be taken as authoritative without rigorous evaluation. This work offers an empirical argument against LLM-assisted interpretation as recently practiced by legal scholars and federal judges, who reasoned the large amount of data that models see in training would enable models to illuminate how people ordinarily use certain words or phrases. In controlled experiments, we find failures in robustness which cast doubt on this assumption and raise serious questions about the utility of these models in practice. For the models in our evaluation, slight changes to the format of a question can lead to wildly different conclusions—a vulnerability that parties with an interest in the outcome could exploit. Comparing with a dataset where people were asked similar legal interpretation questions, we see that these models are at best moderately correlated to human judgments—not strong enough given the stakes in this domain.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.006 | 0.036 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.001 | 0.001 |
| Scholarly communication | 0.003 | 0.007 |
| Open science | 0.002 | 0.002 |
| Research integrity | 0.002 | 0.006 |
| Insufficient payload (model declined to judge) | 0.012 | 0.007 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".