Automated Jurisprudence in a Quasi-Judicial Setting

Abstract

Today, we live in an age where human decision-makers interpreting how law applies to cases are being replaced or supplemented by automata. Given this, we are forced to ask a number of questions. These are largely old questions, but the current trend towards automation puts them in a new light. What is the proper role of the judge; is she a wise decisionmaker or blind follower of rules? To what extent must the judge be empathetic and truly aware of the facts of the case in order for our notion of due process to be satisfied? Can a machine properly interpret statutes and how they apply in an individual case? And does the machine fit into the preconceptions of a legal actor held by both bureaucrats and citizens? How if at all should these preconceptions change? In this paper, an attempt will be made to address these questions and provide suggestions that will allow for the automation of law to uphold the rule of law.

Keywords: automation, welfare, unemployment, determinations