Artificial Intelligence and Law

, Volume 20, Issue 3, pp 321–333

Implications of a logical paradox for computer-dispensed justice reconsidered: some key differences between minds and machines

Article

DOI: 10.1007/s10506-012-9124-9

Cite this article as:
Fulda, J.S. Artif Intell Law (2012) 20: 321. doi:10.1007/s10506-012-9124-9

Abstract

We argued [Since this argument appeared in other journals, I am reprising it here, almost verbatim.] (Fulda in J Law Info Sci 2:230–232, 1991/AI Soc 8(4):357–359, 1994) that the paradox of the preface suggests a reason why machines cannot, will not, and should not be allowed to judge criminal cases. The argument merely shows that they cannot now and will not soon or easily be so allowed. The author, in fact, now believes that when—and only when—they are ready they actually should be so allowed, in the interests of justice. Both the original argument applied and this detailed reconsideration applies exclusively to trial courts, and both specifically exclude(d) sentencing. The argument highlights some key relevant differences between minds and machines and attempts, also, to explain why automation is of far greater import for the first-level justice system (trial courts) than for higher courts. A final section discusses why sentencing was, is, and should be excluded.

Keywords

Criminal law Automation First-level criminal justice system Sentencing Varieties of intelligence and learning Wisdom Interactivity Uncanceled implicatures Missing evidence Default rules Sentic modulation 

Copyright information

© Springer Science+Business Media B.V. 2012

Authors and Affiliations

  1. 1.New YorkUSA

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