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The judiciary is in the early stages of a transformation in which AI (Artificial Intelligence) technology will help to make the judicial process faster, cheaper, and more predictable without compromising the integrity of judges' discretionary reasoning. Judicial decision-making is an area of daunting complexity, where highly sophisticated legal expertise merges with cognitive and emotional competence. How can AI contribute to a process that encompasses such a wide range of knowledge, judgment, and experience? Rather than aiming at the impossible dream (or nightmare) of building an automatic judge, AI research has had two more practical goals: producing tools to support judicial activities, including programs for intelligent document assembly, case retrieval, and support for discretionary decision-making; and developing new analytical tools for understanding and modeling the judicial process, such as case-based reasoning and formal models of dialectics, argumentation, and negotiation.
Judges, squeezed between tightening budgets and increasing demands for justice, are desperately trying to maintain the quality of their decision-making process while coping with time and resource limitations. Flexible AI tools for decision support may promote uniformity and efficiency in judicial practice, while supporting rational judicial discretion. Similarly, AI may promote flexibility, efficiency and accuracy in other judicial tasks, such as drafting various judicial documents. The contributions in this volume exemplify some of the directions that the AI transformation of the judiciary will take.
Auteur
Giovanni Sartor is Marie-Curie Professor of Legal Informatics and Legal Theory at the European University Institute of Florence and Professor of Computer and Law at the University of Bologna (Italy), after obtaining a PhD at the European University Institute (Florence), working at the Court of Justice of the European Union (Luxembourg), being a researcher at the Italian National Council of Research (ITTIG, Florence), and holding the chair in Jurisprudence at Queen s University of Belfast (where he now is honorary professor). He is author of ten books and has published widely in legal philosophy and legal theory, legal informatics (artificial intelligence and law), computational logic, legislation technique, and computer law.
Contenu
Introduction: Judicial Applications of Artificial Intelligence.- Automating Judicial Document Drafting: A Discourse-Based Approach.- Criminal Sentencing and Intelligent Decision Support.- The Application of Judicial Intelligence and 'Rules' to Systems Supporting Discretionary Judicial Decision-Making.- Modelling Reasoning with Precedents in a Formal Dialogue Game.- The Judge and the Computer: How Best 'Decision Support'?.- Judicial Decisions and Artificial Intelligence.