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All Rise for the Honourable Robot Judge? Using Artificial Intelligence to Regulate AI

Year of Publication: 2022
Month of Publication: 10
Author(s): Simon Chesterman
Research Area(s): Information Technology and the Law
Name of Working Paper Series:

NUS Law Working Paper No 2022/019

WPS Paper Number: LAW-WPS-2219
Abstract:

There is a rich literature on the challenges that AI poses to the legal order. But to what extent might such systems also offer part of the solution? China, which has among the least developed rules to regulate conduct by AI systems, is at the forefront of using that same technology in the courtroom. This is a double-edged sword, however, as its use implies a view of law that is instrumental, with parties to proceedings treated as means rather than ends. That, in turn, raises fundamental questions about the nature of law and authority: at base, whether law is reducible to code that can optimize the human condition, or if it must remain a site of contestation, of politics, and inextricably linked to institutions that are themselves accountable to a public. For many of the questions raised, the rational answer will be sufficient; but for others, what the answer is may be less important than how and why it was reached, and whom an affected population can hold to account for its consequences.

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