Can Artificial Intelligence Save the Rule of Law?
摘要
“Can Artificial Intelligence Save the Rule of Law?” explores the intersection of law and culture. It argues that Western legal systems are structured to advance a consistent and ongoing vision of individualism and detached rationality dating from the Enlightenment of the eighteenth and nineteenth centuries. In contrast, modern culture has slowly detached from these Enlightenment views to embrace a stronger sense of diverse identity coupled with more horizontal and participatory approaches to truth-seeking and authority. The slow divergence of legal thinking and methods from contemporary culture threatens popular support for the Rule of Law. Law and culture must, urgently, find stronger common ground. Basic elements of the legal system and litigation, however, constrain its openness toward emerging cultural values. Left on its own, it is difficult to imagine the adoption of internal reforms that would enable more agile judicial decision making or the generation of stronger popular support. The chapter therefore suggests that Western judiciaries augment their traditional methods by creating two advisory artificial intelligence tools. One would be public facing, a generative AI system that responds to inquiries about legal matters using accessible vocabulary wherever possible. The second, for use by judges and other legal professionals, would be an advisory judicial assistant designed to spark the imaginations and creativity of judges and lawyers toward building a more socially organic “constitutive rationality” without compromising vital Enlightenment values of formal equality and due process of law.