Collective Risk Allocation and Restorative Justice in the Age of Artificial Intelligence

This essay investigates the “responsibility gap” introduced by artificial intelligence (AI) within the criminal justice system and examines potential shifts from traditional punitive models to restorative justice frameworks. It begins by outlining the challenges AI poses to conventional concepts of criminal liability, focusing on issues of moral agency and accountability. The discussion progresses to collective risk allocation mechanisms in the context of AI development and deployment, highlighting the ethical and legal dilemmas that arise. Finally, the essay explores the potential for restorative justice to address harm caused by AI-related errors, proposing a justice model that prioritises dialogue, accountability, and the repair of harm. The essay argues that a shift from individual criminal liability to collective responsibility is essential to adapt justice systems to the complexities of AI while ensuring the effective protection of fundamental rights. By expanding on the interplay between technological advancements, ethical governance, and justice, this work proposes a comprehensive framework to address the profound societal implications of AI, offering a forward-looking perspective on justice systems in an increasingly AI-driven world.