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
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.
