Can we put all legal norms into legal syllogisms and why is that important in times of artificial intelligence?

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Collection:
Mokslo publikacijos / Scientific publications
Document Type:
Straipsnis / Article
Language:
Anglų kalba / English
Title:
Can we put all legal norms into legal syllogisms and why is that important in times of artificial intelligence?
Authors:
Strikaitė-Latušinskaja, Goda
In the Journal:
Access to justice in Eastern Europe [AJEE]. 2022, 1 (13), p. 8-24
Subject Category:
LT
Teismai. Teismų praktika / Courts. Case-law.
Summary / Abstract:

ENBackground: The term ‘hard cases’ trace back to Herbert Lionel Adolphus Hart who was one of the first legal philosophers who directly used it in his works and Ronald Myles Dworkin to whom the development and establishment of this concept in legal language is linked. Even though these two legal philosophers in one of the most famous - The Hart–Dworkin – legal debate couldn’t agree on certain things, they both agreed that when dealing with hard cases, there is a need to act creatively in order to resolve such a case properly. The division of cases into easy ones and hard ones gradually lost its popularity, even in legal theory, but perhaps it can be resurrected and used these challenging times to help meet the challenges prompted by technology? Methods: This paper analyses the dichotomy of hard and easy cases as well as circumstances relating to the courts’ decision-making processes in such cases. The essay examines whether the solutions proposed by legal positivism (such as applying syllogisms and precedents) are sufficient to deal with easy cases. The paper also examines what factors analysed by legal realists have an impact on judges while making decisions in hard cases (for example, psychological factors, such as hindsight bias, intuition, hunches, the anchor effect, laziness, unwillingness to take responsibility, or the gambler’s fallacy, as well as social factors, like upbringing, life experience, social relations, gender, age, education, etc.). Given that the article is theoretical in nature, logical, systemic, teleological methods dominate. Both descriptive method and scientific research method were used as well. Results and Conclusions: The author concludes that easy cases should eventually be delegated to artificial intelligence to resolve, whereas hard cases will remain in the competence of human judges, at least until technological development reaches a certain level. [From the publication]

DOI:
10.33327/AJEE-18-5.1-a000095
ISSN:
2663-0575; 2663-0583
Subject:
Teisė / Law
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https://www.lituanistika.lt/content/104160
Updated:
2023-09-26 15:05:58
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