The Rule of Algorithm and the Rule of Law

Vienna Lectures on Legal Philosophy (2023)

19 Pages Posted: 9 Jan 2023 Last revised: 11 Feb 2024

See all articles by John Tasioulas

John Tasioulas

University of Oxford - Faculty of Philosophy

Date Written: January 7, 2023

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

Suggested Citation

Tasioulas, John, The Rule of Algorithm and the Rule of Law (January 7, 2023). Vienna Lectures on Legal Philosophy (2023), Available at SSRN: https://ssrn.com/abstract=4319969 or http://dx.doi.org/10.2139/ssrn.4319969

John Tasioulas (Contact Author)

University of Oxford - Faculty of Philosophy ( email )

10 Merton Street
Oxford OX1 4JJ
United Kingdom

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