The article examines AI systems making automated judicial decisions. The analysis begins with the relationship between law and imagination, specifically the idea that legal rules adhere to a criterion of formal validity and are not subject to external influences and social changes. From a legislative perspective, some governments have favored a laissez-faire approach, allowing IT companies to thrive and achieve monopolistic positions in the market through data collection and usage. The article discusses howthe use of AI technologies can be a support but emphasizes the need for an anthropocentric approach that prioritizes the protection of fundamental rights and acts as a barrier against technological solutions that appear neutral but are actually driven by the need to perpetuate discrimination and prevent social mobility.
CAN YOU IMAGINE A WORLD WITHOUT JUDGES (OR A WORLD WITH ROBOT-JUDGES)?
Giovanni Maria Riccio
2024-01-01
Abstract
The article examines AI systems making automated judicial decisions. The analysis begins with the relationship between law and imagination, specifically the idea that legal rules adhere to a criterion of formal validity and are not subject to external influences and social changes. From a legislative perspective, some governments have favored a laissez-faire approach, allowing IT companies to thrive and achieve monopolistic positions in the market through data collection and usage. The article discusses howthe use of AI technologies can be a support but emphasizes the need for an anthropocentric approach that prioritizes the protection of fundamental rights and acts as a barrier against technological solutions that appear neutral but are actually driven by the need to perpetuate discrimination and prevent social mobility.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.