Exploring the Viability of AI as Judicial Replacements: a Cautionary Perspective

Abstract

Considering the high pace of technological development, it is not futile to wonder whether AI could ever replace judges. This work analyzes this possibility and speculates on one fundamental question: Could AI effectively replace judges in all their functions? The paper proposes a cautious view: it pleads a comprehensive conception of the judicial function, where the human judge fulfills a much more complex role than just interpreting the norm and applying it to concrete cases. AI's lack of social understanding, moral agency, and rational autonomy prevents it from performing the fundamental social governance role of the judge. It does not seem that, in most cases, AI should go beyond a purely supportive role.