AI for justice or justice for AI? A critical analysis of algorithmic decision-making process in judicial systems
This paper explores the evolving interplay between Artificial Intelligence (AI) and justice, critically examining whether AI serves justice or if justice is being reshaped to accommodate AI. Central to this analysis is the European Union's AI Act, which establishes a comprehensive regulatory framework aimed at governing the use of AI technologies, particularly within high-stakes domains like the judicial system. The paper investigates the transformative impact of AI on the deliverance of justice, assessing both the efficiency gains and the significant risks associated with its deployment in legal decision-making processes. Particular attention is given to ethical concerns arising from algorithmic bias, opacity in decision-making, and the potential erosion of fundamental legal principles such as fairness, accountability, and human oversight. A comparative methodology is employed to analyze the approaches of the European Union and the United States, highlighting differences in regulatory philosophy, institutional safeguards, and public discourse around AI in justice. Special emphasis is given on the study of two significant cases in which justice is delivered through the deployment of AI tools: the first one refers to Rowicz case (EU law) and the second one to Loomis case (international law). While the EU adopts a precautionary and rights-based approach, the U.S. leans toward innovation-driven, market-led regulation. This transatlantic comparison underscores the urgent need for harmonized legal standards that uphold justice in an era increasingly mediated by algorithms, questioning whether AI can truly serve justice-or if legal systems must adapt to ensure justice remains human-centered.
Authors
- Konstantinos Kouroupis (ORCID: https://orcid.org/0000-0003-1193-8224)
- George Christofides
Publication Details
- Published
- 2025-01-01
- DOI
- https://doi.org/10.5937/pdsc25232k
- Primary Topic
- Artificial Intelligence in Law
- Type
- article
- Field-Weighted Citation Impact
- 0.00