The Architecture of Judgment: AI and the Drift of Judicial Character

This paper develops a virtue-jurisprudential account of how artificial intelligence reshapes judicial reasoning and, over time, judicial character. Virtue jurisprudence holds that excellent judging depends on the sustained exercise of practical wisdom, moral perception, integrity, and courage. These virtues arise through interpretive labor: the repeated tasks of framing questions, discerning salient facts, navigating normative conflict, and constructing principled justification. Historical reforms such as sentencing guidelines and managerial judging show that when external templates restructure interpretive labor, they also reshape the developmental environment in which these virtues form. Artificial intelligence systems extend and intensify this dynamic. Advisory tools, pattern-recognition systems, and especially tools that supply structured reasons operate as reinforcement environments that privilege certain justificatory pathways while rendering others less frequent or more costly to pursue. Although these systems provide short-term gains in efficiency, consistency, and informational organization, they gradually shift judicial habituation toward narrower justificatory routines. The result is a subtle redirection of the dispositions that constitute judicial virtue, even when formal discretion remains intact. The paper articulates the mechanism through which such drift occurs and offers a diagnostic framework for regulating the integration of these systems, distinguishing between tools that can be safely accommodated and those that displace the constitutive practices of judicial virtue. It concludes that the deepest impact of artificial intelligence lies not in the decisions it influences, but in the kinds of judges it helps to form.

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Publication Details

Journal
CrimRxiv
Published
2025-12-12
DOI
https://doi.org/10.21428/cb6ab371.8d74a38c
Primary Topic
Ethics and Social Impacts of AI
Type
article
Field-Weighted Citation Impact
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article

The Architecture of Judgment: AI and the Drift of Judicial Character

Allison Timbs
CrimRxiv
Ethics and Social Impacts of AI
article

The Architecture of Judgment: AI and the Drift of Judicial Character

Allison Timbs
article en

Abstract

This paper develops a virtue-jurisprudential account of how artificial intelligence reshapes judicial reasoning and, over time, judicial character. Virtue jurisprudence holds that excellent judging depends on the sustained exercise of practical wisdom, moral perception, integrity, and courage. These virtues arise through interpretive labor: the repeated tasks of framing questions, discerning salient facts, navigating normative conflict, and constructing principled justification. Historical reforms such as sentencing guidelines and managerial judging show that when external templates restructure interpretive labor, they also reshape the developmental environment in which these virtues form. Artificial intelligence systems extend and intensify this dynamic. Advisory tools, pattern-recognition systems, and especially tools that supply structured reasons operate as reinforcement environments that privilege certain justificatory pathways while rendering others less frequent or more costly to pursue. Although these systems provide short-term gains in efficiency, consistency, and informational organization, they gradually shift judicial habituation toward narrower justificatory routines. The result is a subtle redirection of the dispositions that constitute judicial virtue, even when formal discretion remains intact. The paper articulates the mechanism through which such drift occurs and offers a diagnostic framework for regulating the integration of these systems, distinguishing between tools that can be safely accommodated and those that displace the constitutive practices of judicial virtue. It concludes that the deepest impact of artificial intelligence lies not in the decisions it influences, but in the kinds of judges it helps to form.

CrimRxiv
Kentucky Wesleyan College (US)
Openalex Percentile: Top 59%
Ethics and Social Impacts of AI
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