Judge AI

Abstract

Chapter Eight focuses on how international developments in Judge AI will impact the adjudicatory function of judges. This question is explored from a number of different perspectives. There is an initial discussion regarding the concerns that may flow from a human no longer being involved in the judging process - including the level of empathy that may be sacrificed in an AI Judging process. Second, there are a number of judicial transparency issues associated with the uptake of Judge AI. These are explored in the context of what may be termed the ‘black box’ phenomenon. Third, there are queries raised about whether AI Judging is (or could ever be) compatible with broader justice objectives and whether a society without human judges could ever be considered to be ‘just’. Fourth, the issues associated with translating law into code are canvassed. Fifth, consideration is had to the implicit biases that may be perpetuated by AI and the problems associated with this. Sixth, issues surrounding judicial discretion are canvassed and there is consideration of the specific problems Judge AI poses when it comes to innovative and/or novel situations. Finally, the chapter concludes with a discussion regarding the impact of AI on judgment writing and the development of precedent.