A Scientific Judicial Perspective Can Solve Many Hurdles of Practical Application of AI ‘Expert System’ for Judicial Decision Making

Nirma University Law Journal, Volume 8, Issue 2, July 2019

16 Pages Posted: 22 Sep 2019

See all articles by Jewel Chanda

Jewel Chanda

OP Jindal Global University, Jindal Global Law School (JGLS); WB Judicial Service

Date Written: 2019

Abstract

‘expert system’ is in center of attention of Artificial Intelligence (AI) research. Many models of legal argument in ‘expert system’ have shown promising result. Successful application of AI can solve multiple problems of justice delivery system. But no model of legal argument proposed, presently has the ability to take over the job of human judges. This paper tries to explore where the current models of legal argument fall short, in the context of judicial decision making by Indian Courts. One of the main backdrops of the justice delivery system is its’ uncertainty. A judicial decision is uncertain due to many factors, amongst others, it largely depends on the perspective of the respective judges. For this reason, judgement of two judges on the same point may be contradictory to each other, whereas uncertainty is a negative factor for justice delivery system. The uncertainty, vagueness and disagreement have been considered as some of the biggest hurdles of AI and law research. But vagueness and uncertainty in the legal field is not devoid of logic, howsoever abstract it may be. Machine Learning, Neural Network, Natural Language Processing, together with Big data are pushing us towards a new world of AI. Year old principles of fair trial and rules of law need to be modified to accommodate the era of AI. I argue, a scientific judicial perspective may solve many hurdles of the practical application of AI ‘‘expert system’’ for judicial decision making, and we can achieve real-time dispute resolution.

Keywords: Artificial Intelligence, Law & AI, Judicial Decision, Judicial Perspective, AI, Law, Jurisprudence

Suggested Citation

Chanda, Jewel, A Scientific Judicial Perspective Can Solve Many Hurdles of Practical Application of AI ‘Expert System’ for Judicial Decision Making (2019). Nirma University Law Journal, Volume 8, Issue 2, July 2019, Available at SSRN: https://ssrn.com/abstract=3451698

Jewel Chanda (Contact Author)

OP Jindal Global University, Jindal Global Law School (JGLS) ( email )

Jindal Centre 12 Bhi12 Bhikaiji Cama Place
New Delhi, Uttar Pradesh/Haryana
India

WB Judicial Service ( email )

Writers Building, Judicial Departmet
Kolkata, 700078
India

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