scholarly journals Preserving the rule of law in the era of artificial intelligence (AI)

2021 ◽  
Author(s):  
Stanley Greenstein
Keyword(s):  
Artificial Intelligence ◽  
Rule Of Law ◽  
Academic Discipline ◽  
Decision Makers ◽  
Human Flourishing ◽  
The Rule Of Law ◽  
Human Decision ◽  
Technological Developments ◽  
Made In ◽  
National Borders

AbstractThe study of law and information technology comes with an inherent contradiction in that while technology develops rapidly and embraces notions such as internationalization and globalization, traditional law, for the most part, can be slow to react to technological developments and is also predominantly confined to national borders. However, the notion of the rule of law defies the phenomenon of law being bound to national borders and enjoys global recognition. However, a serious threat to the rule of law is looming in the form of an assault by technological developments within artificial intelligence (AI). As large strides are made in the academic discipline of AI, this technology is starting to make its way into digital decision-making systems and is in effect replacing human decision-makers. A prime example of this development is the use of AI to assist judges in making judicial decisions. However, in many circumstances this technology is a ‘black box’ due mainly to its complexity but also because it is protected by law. This lack of transparency and the diminished ability to understand the operation of these systems increasingly being used by the structures of governance is challenging traditional notions underpinning the rule of law. This is especially so in relation to concepts especially associated with the rule of law, such as transparency, fairness and explainability. This article examines the technology of AI in relation to the rule of law, highlighting the rule of law as a mechanism for human flourishing. It investigates the extent to which the rule of law is being diminished as AI is becoming entrenched within society and questions the extent to which it can survive in the technocratic society.

scholarly journals On the Juridical Relevance of the Phenomenological Notion of Person in Max Scheler and Edith Stein

2021 ◽  
Author(s):  
Francesco Galofaro
Keyword(s):  
Artificial Intelligence ◽  
Edmund Husserl ◽  
Phenomenological Analysis ◽  
Machine Learning Algorithms ◽  
Decision Makers ◽  
Edith Stein ◽  
Max Scheler ◽  
Human Decision ◽  
The Difference ◽  
Social Units

AbstractThe paper presents a semiotic interpretation of the phenomenological debate on the notion of person, focusing in particular on Edmund Husserl, Max Scheler, and Edith Stein. The semiotic interpretation lets us identify the categories that orient the debate: collective/individual and subject/object. As we will see, the phenomenological analysis of the relation between person and social units such as the community, the association, and the mass shows similarities to contemporary socio-semiotic models. The difference between community, association, and mass provides an explanation for the establishment of legal systems. The notion of person we inherit from phenomenology can also be useful in facing juridical problems raised by the use of non-human decision-makers such as machine learning algorithms and artificial intelligence applications.

Who’s making the decisions? How managers can harness artificial intelligence and remain in charge

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Pooya Tabesh
Keyword(s):  
Artificial Intelligence ◽  
Machine Learning ◽  
Decision Making ◽  
Big Data ◽  
Digital Transformation ◽  
Decision Processes ◽  
Decision Makers ◽  
Content Type ◽  
Human Decision ◽  
Practical Implications

Purpose While it is evident that the introduction of machine learning and the availability of big data have revolutionized various organizational operations and processes, existing academic and practitioner research within decision process literature has mostly ignored the nuances of these influences on human decision-making. Building on existing research in this area, this paper aims to define these concepts from a decision-making perspective and elaborates on the influences of these emerging technologies on human analytical and intuitive decision-making processes. Design/methodology/approach The authors first provide a holistic understanding of important drivers of digital transformation. The authors then conceptualize the impact that analytics tools built on artificial intelligence (AI) and big data have on intuitive and analytical human decision processes in organizations. Findings The authors discuss similarities and differences between machine learning and two human decision processes, namely, analysis and intuition. While it is difficult to jump to any conclusions about the future of machine learning, human decision-makers seem to continue to monopolize the majority of intuitive decision tasks, which will help them keep the upper hand (vis-à-vis machines), at least in the near future. Research limitations/implications The work contributes to research on rational (analytical) and intuitive processes of decision-making at the individual, group and organization levels by theorizing about the way these processes are influenced by advanced AI algorithms such as machine learning. Practical implications Decisions are building blocks of organizational success. Therefore, a better understanding of the way human decision processes can be impacted by advanced technologies will prepare managers to better use these technologies and make better decisions. By clarifying the boundaries/overlaps among concepts such as AI, machine learning and big data, the authors contribute to their successful adoption by business practitioners. Social implications The work suggests that human decision-makers will not be replaced by machines if they continue to invest in what they do best: critical thinking, intuitive analysis and creative problem-solving. Originality/value The work elaborates on important drivers of digital transformation from a decision-making perspective and discusses their practical implications for managers.

The New Legal Realism and The Realist View of Law

2018 ◽  
Vol 43 (02) ◽  
pp. 528-553 ◽  
Author(s):  
Hanoch Dagan ◽  
Roy Kreitner
Keyword(s):  
Social Science ◽  
Rule Of Law ◽  
Academic Discipline ◽  
Legal Discourse ◽  
Legal Institutions ◽  
Lingua Franca ◽  
Bottom Up ◽  
Legal Realism ◽  
The Rule Of Law ◽  
Realist View

New legal realism (NLR) furthers the legal realist legacy by focusing attention on both the pertinent social science and the craft that typifies legal discourse and legal institutions. NLR's globalized ambitions also highlight the potential of a nonstatist view of law. The realist view of law raises three challenges facing NLR: identifying the “lingua franca” of law as an academic discipline within which NLR insights on translation and synthesis should be situated; conceptualizing NLR's focus on bottom-up investigation, so that it does not defy the rule of law; and recognizing the normative underpinning for NLR's reformist impulse.

Legality and Reality: Some Lessons from the Pitcairn Islands

2009 ◽  
Vol 73 (1) ◽  
pp. 69-88
Author(s):  
Fran Wright
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Point Of View ◽  
Criminal Offence ◽  
Sexual Offences ◽  
The Rule Of Law ◽  
Remote Island ◽  
The Uk ◽  
Made In

This article considers the decision to prosecute a number of Pitcairn islanders for offences under the UK Sexual Offences Act 1956, and some aspects of the organisation of the prosecutions. The islanders complained that the prosecutions were an abuse of process because the content of the law was unascertainable and the legislation governing their trials was retrospective. The abuse of process claims were rejected. There was a mechanism by which islanders could ask the island officials and legal advisers for advice. It was predictable that non-consensual sexual intercourse would be a criminal offence. They were not prejudiced in any way by the late constitution of a criminal justice system. Although some of the decisions made in the Pitcairn case were questionable from a formalist point of view, most were fair in the peculiar circumstances of this small and remote island. The idea of the rule of law and of a fair trial cannot be divorced from the context in which criminal justice decisions are taken.

Artificial Intelligence in International Arbitration

2020 ◽  
pp. 590-616
Author(s):  
Myriam Gicquello
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Rule Of Law ◽  
Human Beings ◽  
International Arbitration ◽  
Naturalistic Decision Making ◽  
The Rule Of Law ◽  
Behavioural Analysis ◽  
International Adjudication ◽  
Definition Of

This chapter assesses the introduction of artificial intelligence in international arbitration. The contention is that it would not only reinstate confidence in the arbitral system—from the perspective of the parties and the general public—and participate in the development of the rule of law, but also engage with broader systemic considerations in enhancing its legitimacy, fairness, and efficiency. Yet, before addressing the why, what, and how of this proposition, a definition of artificial intelligence is warranted. It should be noted at the outset that this concept has a variety of meanings. Despite the lack of consensus on its meaning, the chapter will thus treat artificial intelligence as encompassing both semi-autonomous and autonomous computer systems dedicated to assisting or replacing human beings in decision-making tasks. It presents the conclusions of two extensive research programs respectively dealing with the performance of statistical models and naturalistic decision-making. From that behavioural analysis, the introduction of artificial intelligence in international arbitration be discussed against the general considerations of international adjudication and the specific goals pertaining to international arbitration.

The problem of non-implementation of judgements of the European Court of Human Rights in Ukraine in the context of the rule of law (methodological and comparanive aspects)

2021 ◽  
Vol 28 (2) ◽  
pp. 17-24
Author(s):  
Oleksandr V. Petryshyn ◽  
Oleh O. Petryshyn ◽  
Oleh S. Hyliaka
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Damage Control ◽  
Depth Resolution ◽  
Legal Regulation ◽  
Decision Makers ◽  
The Rule Of Law ◽  
European Court ◽  
International Obligations ◽  
Key Aspects

The article is devoted to the problem of non-implementation of the decisions of the ECtHR in Ukraine in the context of the rule of law. The relevance of the subject matter is substantiated by the critical situation regarding Ukraine's compliance with its international obligations. The objective of the study is to develop a set of principles and policies to be implemented in Ukraine to strengthen the rule of law (as a fundamental democratic institute), as an essential factor for ensuring human rights in the context of re-establishing a proper international cooperation with the key European institution in the field of human rights. According to the analysis of the degree of coverage of the issue, the existing papers on the mentioned problem are rather described by point-by-point recommendations aimed at “damage control”, rather than at an in-depth resolution of the situation. The methodological basis of the research consists of the complex of general and special research methods, while philosophical methods were used to ensure the understanding of the essence, characteristics, and features of the phenomena under study. The research resulted in the development of a set of theses that demonstrate the depth of the problem under study that manifests through untimely and inconsistent normative-legal regulation, lack of tangible means of protection of human rights in Ukraine, inappropriate approach to the adoption and execution of international obligations. The authors argue in favour of the need to ensure three key aspects of the implementation of the rule of law – guaranteeing consistency of state policies and actions of officials; the formation of a stable system of administrative management; accountability, and responsibility of decision-makers. The practical relevance of the study is manifested through a set of recommendations, including the creation of a system to assess the effectiveness of reforms in terms of the rule of law; the formation of a mechanism for implementing the responsibility of decision-makers; the revision of procedures for the adoption of legal acts; the need to restart and complete the reform of the justice system, to involve NGOs in the processes of forming such; to create rules of cooperation between the state and the elites

Conclusion

2019 ◽  
pp. 697-698
Keyword(s):  
Rule Of Law ◽  
Decision Makers ◽  
High Time ◽  
The Rule Of Law ◽  
Cross Border ◽  
Key Stakeholders ◽  
The World

As we hope the foregoing chapters have underscored, it is high time that practitioners of the compliance, regulatory, and investigative arts recognize not only that other countries have credible anti-bribery/anti-corruption regimes—including ones with extraterritorial application—but also that new anti-bribery laws are being passed frequently. And from our perspective, even more importantly, is that the long-lagging enforcement of these laws is increasingly on the minds of prosecutors, regulators, judges, and politicians. As these key stakeholders and decision-makers gain a fuller appreciation of the wider fight against corruption, we believe they will feel emboldened to act positively to root out conduct that undermines democracy and the rule of law. We also believe these same stakeholders will be motivated to take steps that ensure that they do not fall behind their geopolitical “peers.” As a consequence of today’s increasingly polycentric fight against bribery and other forms of corruption, those advising companies will be expected to understand, and more importantly ward off against, this development’s direct impacts on companies and individuals engaged in cross-border commerce, regardless of where in the world they are based or do business....

Principles of Acceptance and Mistakes in the Implementation of Criminal Procedural Decisions

2019 ◽  
Vol 9 (5) ◽  
pp. 1519
Author(s):  
Maral T. ABZALBEKOVA ◽  
Roza M. ZHAMIYEVA ◽  
Bakytzhan A. ZHAKUPOV
Keyword(s):  
Decision Making ◽  
Rule Of Law ◽  
Practical Relevance ◽  
Criminal Proceedings ◽  
The Rule Of Law ◽  
Study Results ◽  
The Subject ◽  
Procedural Decisions ◽  
Goals And Objectives ◽  
Made In

The relevance of the study problem is caused by the need to ensure the legality, validity and substantiation of criminal procedural decisions, which ultimately leads to the achievement of goals and objectives of criminal proceedings. Purpose of the article: the purpose of the article is to develop the principles of decision-making by the subject of criminal procedural activity, as well as identifying the typical mistakes in their implementation. Study methods: The basis of problem solving in terms of criminal procedural decision-making and implementation is the system-based and activity approach and the methodological provisions of the decision-making theory, which allowed to identify patterns in the process of criminal procedural decision-making and implementation by the representative of criminal proceeding bodies and other participants of the proceeding. Study results: The principle systems of decision-making by the subject of criminal procedural activity is provided; the levels and stages of procedural decision-making and implementation are outlined, typical mistakes made by the subject of criminal procedural decision are determined taking into account the level of decision-making and the violated principle. Practical relevance: The identified patterns, principles, stages and levels of decision-making, as well as the typical mistakes formulated, will have a significant impact on improving the viability of decisions made in the criminal proceedings, and recommendations based on them contribute to ensuring the rule of law in the activities of judges, investigators, prosecutors and other participants in the proceedings.

Artificial intelligence, legal system and state functions

2020 ◽  
Author(s):  
Aleksandr Bratko
Keyword(s):  
Artificial Intelligence ◽  
Rule Of Law ◽  
Legal System ◽  
The State ◽  
Point Of View ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Methodological Problems ◽  
Theory Of Law ◽  
State Functions

The monograph deals with methodological problems of embedding artificial intelligence in the legal system taking into account the laws of society. Describes the properties of the rule of law as a Microsystem in subsystems of law and methods of its fixation in the system of law and logic of legal norms. Is proposed and substantiated the idea of creating specifically for artificial intelligence, separate and distinct, unambiguous normative system, parallel to the principal branches of law is built on the logic of the four-membered structure of legal norms. Briefly discusses some of the theory of law as an instrument of methodology of modelling of the legal system and its semantic codes in order to function properly an artificial intelligence. The ways of application of artificial intelligence in the functioning of the state. For students and teachers and all those interested in issues of artificial intelligence from the point of view of law.

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