Derleme

Problems of Using Artificial Intelligence as a Judge in Legal Proceedings

Cilt: 12 Sayı: 1 8 Nisan 2025
PDF İndir
EN TR

Problems of Using Artificial Intelligence as a Judge in Legal Proceedings

Abstract

Artificial intelligence, as one of the most important human achievements in the twenty-first century, is expanding its dominance in the scientific, technical, industrial, and artistic fields, and is casting its shadow over various activities in these fields. The field of law, and especially the field of litigation and judgment, is also being influenced by this technology, with both hesitation and certainty. The present article aims to explain the challenges of using this new technology as a substitute for a court judge. It seems that this technology, despite all its achievements and the opportunities it can bring to the judicial system, faces serious challenges in matters such as legal reasoning, respect for impartiality, and public acceptance. This study, using a descriptive-analytical method, while explaining the shortcomings of this new technology in the field of justice, reveals the fact that artificial intelligence, with its current capabilities, cannot be considered a complete replacement for the judicial position and is better used as a tool in the service of judges, helping them to resolve disputes more quickly and accurately. These challenges are compounded in Iranian law, which is influenced by jurisprudential ideas regarding the qualifications of a judge and lags behind current practices in other legal systems in the use of new technologies such as artificial intelligence.

Keywords

Kaynakça

  1. Abuzari, M. (2021). Law and Artificial Intelligence. Mezan Publications, first edition 2021, https://tinyurl.com/49jyz38c
  2. Aletras, N., et al. (2016). Predicting judicial decisions of the European Court of Human Rights: A natural language processing perspective. PeerJ computer science, 2, e93.
  3. Ansari, B. et al. (2021). Book, Data Rights and Artificial Intelligence: Concepts and Challenges, University of Kurdistan Central Library Publisher. Fhttps://libapp.uok.ac.ir/site/catalogue/231326
  4. Brookes, T. & Mitchell, B. (2018). Automated correspondence not necessarily a 'decision' which can be relied on, https://www.ashurst.com/en/news-and insights/legal
  5. Ćapeta, T. (2017). Of Judges and Robots”, in: Challenges of Law in Life Reality , Edited by Marko Ileši č , Slovenia: University of Ljubljana.
  6. Capeta, T. (2017). Of judges and robots. Liber amicorum Marko Ilešič-Challenges of Law in Life Reality, Univerza v Ljubljani, Pravna fakulteta, Ljubljana, 129-142.
  7. Cardozo, B.N. (1921). The Nature of Judicial Process. Yale University press. Chesterman, S. (2020). Artificial intelligence and the limits of legal personality. International & Comparative Law Quarterly, 69(4), 819-844.
  8. Condlin, R. J. (2017). Online Dispute Resolution: Stinky, Repugnant, or Drab? Faculty Scholarship. 1576. https://digitalcommons.law.umaryland.edu/fac_pubs/1576

Ayrıntılar

Birincil Dil

İngilizce

Konular

Bilgi Modelleme, Yönetim ve Ontolojiler

Bölüm

Derleme

Erken Görünüm Tarihi

19 Şubat 2025

Yayımlanma Tarihi

8 Nisan 2025

Gönderilme Tarihi

11 Kasım 2024

Kabul Tarihi

13 Şubat 2025

Yayımlandığı Sayı

Yıl 2025 Cilt: 12 Sayı: 1

Kaynak Göster

APA
Yawar, M. E., & Sadat, S. A. (2025). Problems of Using Artificial Intelligence as a Judge in Legal Proceedings. Akademik Tarih ve Düşünce Dergisi, 12(1), 403-420. https://doi.org/10.5281/zenodo.15627539

 

 

Copyright and Licensing Policy

All articles published in the Journal of Academic History and Ideas / Akademik Tarih ve Düşünce Dergisi are copyrighted by the journal. The journal’s content is provided as open access under the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) license: https://creativecommons.org/licenses/by-nc/4.0/

Under this license, the content may be shared, reproduced, adapted, translated, and built upon in any medium or format for non-commercial purposes, provided that proper scholarly attribution is given to the author(s) and the journal.

Requests for commercial reuse must be directed to the Editorial Board at akademiktarihvedusunce@gmail.com

The scientific, legal, and ethical responsibility for published works rests entirely with the author(s). The editors and the Editorial Board assume no responsibility or liability for the content of the published articles.

 

©  ATDD Tüm Hakları Saklıdır