Augusto Cerri

Artificial Intelligence and Legal Issues: Critical Reflections

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Abstract

The automation of dispute resolution, by using artificial intelligence, implies a programming that elaborates both statutes and case law that interprets them. This whole process does not entail the extinction of law and its historical dimensions, since statutes and case law are human and historical phenomena and they are the sources to feed the automation process. It does, however, imply a sort of freezing effect of case-law which is embedded in the system at its starting point necessarily up to a certain date. That may determine a transformation of the relations between the fundamental components of the current legal phenomenon, which are, precisely, statutes, case law, and scholars’ doctrine. This could result in a series of not minor drawbacks. The article examines the possibilities of use of artificial intelligence in the resolution of disputes that are not radically substitutes for human exercise of jurisdictional power

Keywords

  • artificial intelligence
  • historical dimension
  • statute
  • case law
  • scholars’
  • doctrine

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