Law and Artificial Intelligence: Possibilities and Regulations on the Road to the Consummation of the Digital Verdict
DOI:
https://doi.org/10.55908/sdgs.v11i6.1202Keywords:
artificial intelligence, judicial processes, big data, machine learningAbstract
Aim: The continuous growing influence of technologies based on artificial intelligence will continue to have an increasingly strong impact on various fields of society, which is evident in the generation of a great expectation in continuous evolution that revolutionises many activities, including those of the legal sector.
Methodology: That is why this paper aims to shed light on those aspects of artificial intelligence in the legal field that are not very clear and on some of the most relevant implications that, despite not being well known, will have a considerable impact on society at various levels, such as the role of bots in law firms, algorithms to assist in the treatment of cases and dilemmas such as whether non-professional users can trust the decision(s) that such tools would recommend, among others.
Results: It also examines the ethical criteria linked to the application and its development.
Conclusion: It concludes with a critical exposition from an academic perspective, without neglecting the aspect of public access to artificial intelligence and how to bring together a process of globalisation of the regulatory framework of these technologies.
Originality/Value: this study highlities technologies based on artificial intelligence.
References
Akata, Z., Balliet, D., De Rijke, M., Dignum, F., Dignum, V., Eiben, G., ... & Welling, M. (2020). A research agenda for hybrid intelligence: augmenting human intellect with collaborative, adaptive, responsible, and explainable artificial intelligence. Computer, 53(08), 18-28. https://doi.org/10.1109/MC.2020.2996587
Alblooshi, M. A. J. A., Mohamed, A. M., & Yusr, M. M. (2023). Moderating Role of Artificial Intelligence Between Leadership Skills and Business Continuity. International Journal of Professional Business Review, 8(6), e03225.
Armour, J., & Sako, M. (2020). AI-enabled business models in legal services: from traditional law firms to next-generation law companies? Journal of Professions and Organization, 7(1), 27-46. https://doi.org/10.1093/jpo/joaa001
Atkinson, K., Bench-Capon, T., & Bollegala, D. (2020). Explanation in AI and law: Past, present and future. Artificial Intelligence, 289, 103387. https://doi.org/10.1016/j.artint.2020.103387
Awad, E., Dsouza, S., Kim, R., Schulz, J., Henrich, J. Shariff, A., Bonnefon, J. F. and Rahwan, I. (2018). The Moral Machine Experiment. Nature, 563, 59-64. https://doi.org/10.1038/s41586-018-0637-6
Bibal, A., Lognoul, M., De Streel, A., & Frénay, B. (2021). Legal requirements on explainability in machine learning. Artificial Intelligence and Law, 29, 149-169. https://doi.org/10.1007/s10506-020-09270-4
Bryson, J. J. (2020). The artificial intelligence of the ethics of artificial intelligence. The Oxford handbook of ethics of AI. Oxford University Press. https://doi.org/10.1093/oxfordhb/9780190067397.013.1
Chandra, G., Gupta, R., & Agarwal, N. (2020). Role of artificial intelligence in transforming the justice delivery system in covid-19 pandemic. International Journal on Emerging Technologies, 11(3), 344-350. https://bit.ly/3Lm1Xn3
Cui, Y. (2020). Application of AI in Judicial Practice. In: Artificial Intelligence and Judicial Modernization. Springer, Singapore. https://doi.org/10.1007/978-981-32-9880-4_2
Dhyani, S., Thakur, G. S., & Sahu, Y. (2019). Assorted Sentiment Analysis Model for Natural Crisis Response and Recovery using Big Data driven Technology. International Journal on Emerging Technologies, 10(4), 345-353. https://bit.ly/42XiuoX
De Sanctis, F. M. (2021). Artificial intelligence and innovation in brazilian justice. International Annals of Criminology, 59(1), 1-10. https://doi.org/10.1017/cri.2021.4
Flood, J. A. (2019). Legal Professionals of the Future: Their Ethos, Role and Skills. SSRN Papers, 1-13. http://dx.doi.org/10.2139/ssrn.3315855
Huq, A. Z. (2021). Artificial Intelligence and the Rule of Law. Public Law and Legal Theory Working Paper Series, (764), 1-14. https://bit.ly/3LMYL5e
King, T. C., Aggarwal, N., Taddeo, M., & Floridi, L. (2020). Artificial intelligence crime: An interdisciplinary analysis of foreseeable threats and solutions. Science and engineering ethics, 26, 89-120. https://doi.org/10.1007/s11948-018-00081-0
Medvedeva, M., Vols, M., & Wieling, M. (2020). Using machine learning to predict decisions of the European Court of Human Rights. Artificial Intelligence and Law, 28, 237-266. https://doi.org/10.1007/s10506-019-09255-y
Re, R. M., & Solow-Niederman, A. (2019). Developing artificially intelligent justice. Stan. Stanford Technology Law Review, 22(2), 242-289. https://stanford.io/3LjWbCw
Robles Carrillo, M. (2020). Artificial intelligence: From ethics to law. Telecommunications Policy, 44(6), 101937. https://doi.org/10.1016/j.telpol.2020.101937
Shrivastava, R. (2023). Role of Artificial Intelligence in Future of Education. International Journal of Professional Business Review, 8(1), e0840.
Sidorenko, E. L., & von Arx, P. (2020). Transformation of law in the context of digitalization: Defining the correct priorities. Digital Law Journal, 1(1), 24-38. https://doi.org/10.38044/DLJ-2020-1-1-24-38
Wagner, B. (2018). Ethics as an escape from regulation: From ethics-washing to ethics-shopping? In M. Hildebrandt (Ed.), Being Profiling. Cogitas ergo sum. Amsterdam University Press. https://www.jstor.org/stable/pdf/j.ctvhrd092.18.pdf
Wischmeyer, T., & Rademacher, T. (Eds.). (2020). Regulating artificial intelligence. Heidelberg: Springer. https://doi.org/10.1007/978-3-030-32361-5
Yu, P. K. (2020). The algorithmic divide and equality in the age of artificial intelligence. Florida Law Review, 72, 331-389. https://bit.ly/3LLubZO
Završnik, A. (2020, March). Criminal justice, artificial intelligence systems, and human rights. ERA Forum, 20(4), 567-583). Berlin/Heidelberg: Springer Berlin Heidelberg. https://doi.org/10.1007/s12027-020-00602-0
Zuiderveen Borgesius, F. J. (2020). Strengthening legal protection against discrimination by algorithms and artificial intelligence. The International Journal of Human Rights, 24(10), 1572-1593. https://doi.org/10.1080/13642987.2020.1743976
Downloads
Published
How to Cite
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Authors who publish with this journal agree to the following terms:
1. Authors who publish in this journal agree to the following terms: the author(s) authorize(s) the publication of the text in the journal;
2. The author(s) ensure(s) that the contribution is original and unpublished and that it is not in the process of evaluation by another journal;
3. The journal is not responsible for the views, ideas and concepts presented in articles, and these are the sole responsibility of the author(s);
4. The publishers reserve the right to make textual adjustments and adapt texts to meet with publication standards.
5. Authors retain copyright and grant the journal the right to first publication, with the work simultaneously licensed under the Creative Commons Atribuição NãoComercial 4.0 internacional, which allows the work to be shared with recognized authorship and initial publication in this journal.
6. Authors are allowed to assume additional contracts separately, for non-exclusive distribution of the version of the work published in this journal (e.g. publish in institutional repository or as a book chapter), with recognition of authorship and initial publication in this journal.
7. Authors are allowed and are encouraged to publish and distribute their work online (e.g. in institutional repositories or on a personal web page) at any point before or during the editorial process, as this can generate positive effects, as well as increase the impact and citations of the published work (see the effect of Free Access) at http://opcit.eprints.org/oacitation-biblio.html
• 8. Authors are able to use ORCID is a system of identification for authors. An ORCID identifier is unique to an individual and acts as a persistent digital identifier to ensure that authors (particularly those with relatively common names) can be distinguished and their work properly attributed.
