Algorithms in judicial decision making - Why can (not) AI be used in judging?

Publication Name: Rechtskultur

Publication Date: 2024-01-01

Volume: Unknown

Issue: Unknown

Page Range: 499-513

Description:

This paper examines the integration of artificial intelligence (AI), particularly large language models (LLMs), into judicial decision-making. It highlights the linguistic complexity of adjudication, where judges must interpret ambiguous legal texts and resolve nuanced dilemmas. While LLMs show promise in supporting tasks like document analysis and precedent identification, their limitations in moral reasoning and context sensitivity are evident. Case studies of tools like LexisNexis, COMPAS, and Prometea demonstrate how AI can enhance efficiency but cannot replace human judges. As homo semioticus, judges are indispensable creators of meaning and interpreters of law. The paper concludes that AI’s role in the judiciary should focus on collaboration, ensuring technology supports rather than substitutes human decision-making.

Open Access: Yes

DOI: 10.36213/01-24

Authors - 1