MACHINE LOGIC, LEGAL CONSCIENCE: THE DILEMMA OF POSITIVISM IN THE AGE OF ARTIFICIAL INTELLIGENCE

The rapid evolution of the digital realm has engendered profound, systemic transformations across society. Innovations in digital technology-most notably in artificial intelligence-herald the onset of a disruptive era, in which complex activities become simplified and fully automated. When harnessed positively, disruption can replace outdated systems with more robust, efficient frameworks. Artificial intelligence has begun to reshape legal practice, yet its integration demands prudent, ethically grounded reflection. Legal positivism-characterized by a naïve realist commitment to objectivity and certainty-currently dominates legal thought both globally and in Indonesia, basing its raison d'être on relational interactions among legal subjects. This dominance, however, obscures the inherently subjective dimensions of law, which is conceived, created, and applied by humans. The adoption of AI-driven legal processes risks reducing legal inquiry to a purely objective, value-neutral exercise. This paper therefore explores the urgency and future prospects of applying artificial intelligence within a positivist legal paradigm, and investigates the convergence of law and technology in confronting digital disruption. Employing a philosophical approach, the study critically assesses the implications of this convergence for the evolution of legal systems.

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Publication Details

Journal
Veredas do Direito Direito Ambiental e Desenvolvimento Sustentável
Published
2025-09-25
DOI
https://doi.org/10.18623/rvd.v22.n2.3104
Primary Topic
Law, AI, and Intellectual Property
Type
article
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article

MACHINE LOGIC, LEGAL CONSCIENCE: THE DILEMMA OF POSITIVISM IN THE AGE OF ARTIFICIAL INTELLIGENCE

Kadek Cahya Susila Wibawa, Yoannes Romando Sipayung, Aga Natalis
Veredas do Direito Direito Ambiental e Desenvolvimento Sustentável
Law, AI, and Intellectual Property
article

MACHINE LOGIC, LEGAL CONSCIENCE: THE DILEMMA OF POSITIVISM IN THE AGE OF ARTIFICIAL INTELLIGENCE

Kadek Cahya Susila Wibawa, Yoannes Romando Sipayung, Aga Natalis
article en

Abstract

The rapid evolution of the digital realm has engendered profound, systemic transformations across society. Innovations in digital technology-most notably in artificial intelligence-herald the onset of a disruptive era, in which complex activities become simplified and fully automated. When harnessed positively, disruption can replace outdated systems with more robust, efficient frameworks. Artificial intelligence has begun to reshape legal practice, yet its integration demands prudent, ethically grounded reflection. Legal positivism-characterized by a naïve realist commitment to objectivity and certainty-currently dominates legal thought both globally and in Indonesia, basing its raison d'être on relational interactions among legal subjects. This dominance, however, obscures the inherently subjective dimensions of law, which is conceived, created, and applied by humans. The adoption of AI-driven legal processes risks reducing legal inquiry to a purely objective, value-neutral exercise. This paper therefore explores the urgency and future prospects of applying artificial intelligence within a positivist legal paradigm, and investigates the convergence of law and technology in confronting digital disruption. Employing a philosophical approach, the study critically assesses the implications of this convergence for the evolution of legal systems.

Veredas do Direito Direito Ambiental e Desenvolvimento SustentávelVol. 22(2)
Diponegoro University (ID)
Openalex Percentile: Top 85%
Law, AI, and Intellectual Property
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