CAN YOU IMAGINE A WORLD WITHOUT JUDGES (OR A WORLD WITH ROBOT-JUDGES)?

Résumé

The article examines AI systems making automated judicial decisions.
The analysis begins with the relationship between law and imagination,
specifically the idea that legal rules adhere to a criterion of formal validity and are
not subject to external influences and social changes. From a legislative
perspective, some governments have favored a laissez-faire approach, allowing IT
companies to thrive and achieve monopolistic positions in the market through data
collection and usage. The article discusses how the use of AI technologies can be a
support but emphasizes the need for an anthropocentric approach that prioritizes
the protection of fundamental rights and acts as a barrier against technological
solutions that appear neutral but are actually driven by the need to perpetuate
discrimination and prevent social mobility.