Change search
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
Preserving the rule of law in the era of artificial intelligence (AI)
Stockholm University, Faculty of Law, Department of Law.ORCID iD: 0000-0002-0694-768X
2022 (English)In: Artificial Intelligence and Law, ISSN 0924-8463, E-ISSN 1572-8382, Vol. 30, no 3, p. 291-323Article in journal (Refereed) Published
Abstract [en]

The study of law and information technology comes with an inherent contradiction in that while technology develops rapidly and embraces notions such as internationalization and globalization, traditional law, for the most part, can be slow to react to technological developments and is also predominantly confined to national borders. However, the notion of the rule of law defies the phenomenon of law being bound to national borders and enjoys global recognition. However, a serious threat to the rule of law is looming in the form of an assault by technological developments within artificial intelligence (AI). As large strides are made in the academic discipline of AI, this technology is starting to make its way into digital decision-making systems and is in effect replacing human decision-makers. A prime example of this development is the use of AI to assist judges in making judicial decisions. However, in many circumstances this technology is a ‘black box’ due mainly to its complexity but also because it is protected by law. This lack of transparency and the diminished ability to understand the operation of these systems increasingly being used by the structures of governance is challenging traditional notions underpinning the rule of law. This is especially so in relation to concepts especially associated with the rule of law, such as transparency, fairness and explainability. This article examines the technology of AI in relation to the rule of law, highlighting the rule of law as a mechanism for human flourishing. It investigates the extent to which the rule of law is being diminished as AI is becoming entrenched within society and questions the extent to which it can survive in the technocratic society. 

Place, publisher, year, edition, pages
2022. Vol. 30, no 3, p. 291-323
Keywords [en]
Artificial Intelligence (AI), Machine Learning (ML), Rule of Law, Judicial Decision-Making, Explainability
National Category
Other Legal Research Criminology
Research subject
Law and Information Technology
Identifiers
URN: urn:nbn:se:su:diva-195381DOI: 10.1007/s10506-021-09294-4ISI: 000674131800001Scopus ID: 2-s2.0-85110441813OAI: oai:DiVA.org:su-195381DiVA, id: diva2:1585210
Available from: 2021-08-16 Created: 2021-08-16 Last updated: 2025-02-20Bibliographically approved

Open Access in DiVA

No full text in DiVA

Other links

Publisher's full textScopus

Authority records

Greenstein, Stanley

Search in DiVA

By author/editor
Greenstein, Stanley
By organisation
Department of Law
In the same journal
Artificial Intelligence and Law
Other Legal ResearchCriminology

Search outside of DiVA

GoogleGoogle Scholar

doi
urn-nbn

Altmetric score

doi
urn-nbn
Total: 484 hits
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf