Artificial Intelligence and the Judicial Memory: The Great Misunderstanding

"Les Cahiers de la Justice" #2019/2, Dalloz, June 2019, pp. 277-289.

10 Pages Posted: 18 Jun 2020 Last revised: 22 Jun 2020

See all articles by Yannick MENECEUR

Yannick MENECEUR

Institut des Hautes Etudes sur la Justice (IHEJ); Council of Europe

Clementina Barbaro

Council of Europe

Date Written: June 1, 2019

Abstract

Artificial intelligence is a widely debated topic, but it is often poorly defined. The purpose of this paper will be to return to the foundations of its functioning: mathematical and statistical formalism. While it works successfully in closed, quantifiable environments, it is far less adapted to open environments like the justice system. Indeed, the use of case law with these methods does not make it possible to enhance the judicial memory faithfully as the judgments that are processed do not necessarily include all of the grounds for a decision. This critique must not obscure another reality, which cuts across our whole society: an emerging project of governance by data, which is likely to call into question the very foundations of our democracies, including the rule of law.

Keywords: artificial intelligence, justice, algorithms, predictive justice

Suggested Citation

MENECEUR, Yannick and Barbaro, Clementina, Artificial Intelligence and the Judicial Memory: The Great Misunderstanding (June 1, 2019). "Les Cahiers de la Justice" #2019/2, Dalloz, June 2019, pp. 277-289., Available at SSRN: https://ssrn.com/abstract=3334335 or http://dx.doi.org/10.2139/ssrn.3334335

Yannick MENECEUR (Contact Author)

Institut des Hautes Etudes sur la Justice (IHEJ) ( email )

8 Rue Chanoinesse
PARIS, 75004
France

HOME PAGE: http://https://lestempselectriques.net

Council of Europe ( email )

United States

Clementina Barbaro

Council of Europe ( email )

United States

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