The Rule of Algorithm and the Rule of Law

Abstract

Can AI adjudicative tools in principle better enable us to achieve the rule of law by replacing judges? This article argues that answers to this question have been excessively focussed on 'output' dimensions of the rule of law - such as conformity of decisions with the applicable law - at the expense of vital 'process' considerations such as explainability, answerability, and reciprocity. These process considerations do not by themselves warrant the conclusion that AI adjudicative tools can never, in any context, properly replace human judges. But they help bring out the complexity of the issues - and the potential costs - that are involved in this domain.

Keywords: Rule law, Artificial Intelligence, Explainability, Answerability, Reciprocity

JEL Classification: K10, K40