- Title
- Robo Justice: Constitutional Issues with Judge AI
- Creator
- Sourdin, Tania
- Relation
- Indiana Journal of Global Legal Studies Vol. 30, Issue 2, p. 293-324
- Relation
- https://ijgls.indiana.edu/
- Publisher
- Indiana University Press
- Resource Type
- journal article
- Date
- 2023
- Description
- The emergence of forms of Artificial Intelligence (AI) to support human judges or potentially replace them raises questions concerning the role of judges in contemporary society, as well as broader questions linked to the ongoing role and nature of the so-called “digital Switzerlands” and their role in justice systems. In addition, tensions between the executive and the judicial branches of government with respect to the development of Judge AI support an exploration of societal constitutional analysis which requires consideration that reaches beyond mere institutional analysis. The varying and developing relationships between judges, courts, and emergent technologies challenge conventional theoretical approaches to governance and also require a greater focus on social interaction to explore how adaptation in an era of judicial responsiveness might support the development of ethical approaches that respond to vulnerable populations and social needs. Using an approach based on societal constitutionalism enables the development of a contemporary approach to justice that has been extended with AI initiatives. This involves setting limits to resist authoritarianism by framing the definition of “justice” so that it includes an overarching focus on promoting human wellbeing which in turn promotes restraint and thoughtful approaches toward the use of more disruptive technologies in the justice sector. The challenges presented by this approach in a global context are readily apparent in the context of differing justice conceptions and a focus on “fast,” “low cost” justice delivery, perhaps in the absence of justice itself.
- Subject
- judging; artificial intelligence; social interaction; judges; justice definition
- Identifier
- http://hdl.handle.net/1959.13/1500545
- Identifier
- uon:54949
- Identifier
- ISSN:1080-0727
- Language
- eng
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