ON “THE JUDGE AND THE ALGORITHM”, AGAIN. CRITICAL REFLECTIONS ON ARTIFICIAL INTELLIGENCE AND PREDICTIVE JUSTICE (STARTING FROM A CONTRIBUTION BY MICHELE TARUFFO)

Giabardo C.V. · Revista Italo-Espanola de Derecho Procesal (2023) · DOI: 10.37417/rivitsproc/1241

Resumen

Starting from a past, but still highly-significant, contribution by Michele Taruffo on the application of artificial intelligence technologies on dispute resolution mechanisms and, in particular, on the limits (and hopes) of the attempts to formalize legal reasoning into a logical language (also, but not only, in order to make predictions), this article will consider the current academic discussions on “predictive justice”. This will also represent an opportunity to go beyond this issue and to reflect, in a critical fashion, on the present and future tendency to automize judicial decisions (or at least parts of them), highlighting the “human element” inherent in the very act of judging. © Carlo Vittorio Giabardo.

Instituciones: Pontificia Universidad Católica del Perú