Algoritmi e giustizia predittiva: TRA ESIGENZE DI CERTEZZA E RESPONSABILITÀ

Prediction, whether generated by a sophisticated algorithm or a mental model goes at the hearth of the legal profession’s activities. By blurring the line between person and instruments, not only is predictive justice technology (AI) intended to enable professionals to intelligently adapt their advice and strategies in order to go beyond the empirical and necessarily imperfect professional knowledge, it also creates the condition for reproducing the judicial reasoning. However the use of AI gives rise to many questions which involve, on the one hand, the need for certainty and harmonization of the decision-making processes and, on the other, the compatibility of the aforementioned predictive technologies with the law. This paper is aimed to highlight, and critically analyse, some of the implications of the AI as applied to the law. The interplay between technology and law could prove helpful in fashioning responses in view of the construction of a “RobotLaw” that does not delegate entirely to the artificial intelligence a certain order of decisions.