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Lex Ex Machina: Legal, Ethical and Worldview Challenges of Artificial Intelligence in Justice

Artificial intelligence (AI), or rather technologies based on its ideas and principles, are increasingly penetrating our lives. In recent years, there have been discussions about their application in public decision-making by the authorities and the judiciary. Moreover, societies with a low level of rule of law and trust in the judiciary, such as Ukraine, see it as an easy way to solve these problems.

However, the thoughtless introduction of these technologies on the basis of purely technical tasks and Statement of Works can lead to risks of discrimination in automated decision-making, dehumanization of justice, and contradiction to its basic goals (correction as a purpose of punishment, decisions which take into account circumstances and current social situation, etc.). This could lead to a society in which justice has lost its meaning and has only become an effective tool for usurping power by groups that "program algorithms."

Therefore, the introduction of these technologies is possible not only through the work of IT professionals. Experts in the fields of law, ethics, philosophy, etc. should be involved in the substantiation and discussion of this, as the European Union emphasizes in its relevant documents. The purpose of this study is to identify those multidisciplinary challenges that accompany the introduction of AI technologies in the field of justice and suggest ways to solve them.

Ivan Horodyskyy, Managing Partner, Attorney-at-Law, Dexis Partners


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