人工智能和真实决策:预测系统和生成AI与情感认知法律审议
Francesco Contini1, Alessandra Minissale1,2, Stina Bergman Blix2
1Institute of Legal Informatics and Judicial Systems, National Research Council, Bologna, Italy.
Frontiers in sociology
|November 18, 2024
概括
法律中的人工智能 (AI) 提出了挑战. 虽然人工智能可以提高效率,但在司法程序中使用人工智能可能会过分简化复杂的法律决策,并可能通过将其减少到数据连接来破坏正义.
科学领域:
- 法律技术 法律技术
- 计算法 计算法 计算法
- 人工智能伦理学 人工智能伦理学
背景情况:
- 人工智能 (AI) 越来越多地被讨论,因为它有可能改善法律决策.
- 由于风险和道德考虑,人们对人工智能在司法程序中的应用存在担忧.
- 欧洲法律学者和立法者强调AI在法律中的潜在危险.
研究的目的:
- 在法律环境中分析与预测系统和生成人工智能相关的挑战和风险.
- 检查人工智能功能与核心法律决策过程之间的不协调.
- 在司法程序中识别AI的潜在合法用途.
主要方法:
- 分析意大利法院和检察官办公室的真实刑事案件.
- 在司法背景下,预测性AI系统和生成性AI的问题化.
- 检查人工智能对法律决策复杂性的影响.
主要成果:
- 识别了人工智能系统功能与法律决策的基本特征之间的不协调.
- 展示了人工智能如何过度简化司法复杂性,事实调查和法律编码.
- 强调了将司法服务减少到统计数据连接,忽视了情感认知过程.
结论:
- 当前的预测系统和生成人工智能不足以解决法律决策的细微差别.
- 人工智能在司法程序中的应用有可能减少对正义至关重要的人类因素.
- 需要进一步的研究来定义和确保合法和道德的人工智能在法律中的使用.
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