Abstract
Artificial Intelligence (AI) is set to bring changes to legal systems. These technologies may have positive practical implications when it comes to access, efficiency, and accuracy in Justice. However, there are still many uncertainties and challenges associated with the implementation of AI in the legal space. In this research, we surveyed Judges on critical challenges related to the Judging Profession in the AI paradigm; Automated Adjudication; and Legal Principles. Our results suggest that (i) Judges are hesitant about changes in their profession. They signal the need for adequate training that fosters legal literacy in AI, but are less open to changes in legal writing or their social and institutional role; (ii) Judges believe higher levels of automation only lead to fair outcomes if used in earlier phases of adjudication; (iii) Judges believe and are concerned about AI leading to Techno-Legal Positivism; and (iv) Judges consider that Legal AI technologies may have a positive impact in some legal principles, as long as everyone has equal access to those technologies and cybersecurity and judge on the loop safeguards are in place; and (v) Judges are strongly concerned about the de-humanization of Justice. They consider that assessing evidence, analyzing arguments, and deciding on a legal case should be inherently human. By surveying these practitioners, we aim to foster a responsible, inclusive, and transparent innovation in Justice.
Similar content being viewed by others
Data availability
The data that support the findings of this study are available on request from the corresponding author.
Notes
European Court of Human Rights Annual Report 2021.
Case identification: ECLI:PT:TRP:2017:355.15.2GAFLG.P1.
The neutral category encompasses comments that emphasized both positive and negative impacts as well as general comments related to Legal AI.
In this reflection we include comments written by participants about the impact of AI in core legal principles—full comments may be found in the appendix.
References
Aarts M-C (2020) The rise of synthetic judges: if we dehumanize the judiciary, whose hand will hold the gavel? Washburn LJ 60:511
Agrawal A, Gans JS, Goldfarb A (2019) Artificial intelligence: the ambiguous labor market impact of automating prediction. J Econ Perspect 33(2):31–50
Alarie B, Niblett A, Yoon AH (2018) How artificial intelligence will affect the practice of law. Univ Toronto Law J 68(supplement 1):106–124
Araujo T, Helberger N, Kruikemeier S, De Vreese CH (2020) In ai we trust? perceptions about automated decision-making by artificial intelligence. AI Soc 35:611–623
Baker JJ (2018) 2018: A legal research odyssey: Artificial intelligence as disruptor. Law Libr J 110:5
Bansal N, Sharma A, Singh R (2019) A review on the application of deep learning in legal domain. In: Artificial Intelligence Applications and Innovations: 15th IFIP WG 12.5 International Conference, AIAI 2019, Hersonissos, Crete, Greece, May 24–26, 2019, Proceedings 15, pp 374–381. Springer
Barysė D (2022a) Do we need more technologies in courts? mapping concerns for legal technologies in courts. In: Mapping Concerns for Legal Technologies in Courts (September 6, 2022)
Barysė D (2022b) People’s attitudes towards technologies in courts. Laws 11(5):71
Barysė D, Sarel R (2023) Algorithms in the court: does it matter which part of the judicial decision-making is automated? Artificial intelligence and law, pp 1–30
Bielen S, Peeters L, Marneffe W, Vereeck L (2018) Backlogs and litigation rates: testing congestion equilibrium across European judiciaries. Int Rev Law Econ 53:9–22
Brooks C, Gherhes C, Vorley T (2020) Artificial intelligence in the legal sector: pressures and challenges of transformation. Camb J Reg Econ Soc 13(1):135–152
Burke KS (2020) Procedural fairness can guide court leaders. Ct Rev 56:76
Burke K, Leben S (2007) Procedural fairness: a key ingredient in public satisfaction, 44 Court Review 4
Campbell RW (2020) Artificial intelligence in the courtroom: the delivery of justice in the age of machine learning. Colo Tech LJ 18:323
Carrel A (2018) Legal intelligence through artificial intelligence requires emotional intelligence: a new competency model for the 21st century legal professional. Ga St UL Rev 35:1153
Chen BM, Stremitzer A, Tobia K (2022) Having your day in robot court. Harv J Law Technol 36(1):127–169
Creswell JW, Creswell JD (2017) Research design: qualitative, quantitative, and mixed methods approaches. Sage publications
Davis JP (2019) Artificial wisdom? a potential limit on ai in law (and elsewhere). Okla L Rev 72:51
Dworkin R (1971) Social rules and legal theory. Yale LJ 81:855
Dworkin R (2013) Taking rights seriously. A &C Black
Dyevre A (2020) Text-mining for lawyers: how machine learning techniques can advance our understanding of legal discourse. Erasmus Law Rev (Forthcoming)
Edwards CP, Miller MK (2019) An assessment of judges’ self-reported experiences of secondary traumatic stress. Juv Fam Court J 70(2):7–29
Eltis K (2014) Does avoiding judicial isolation outweigh the risks related to “professional death by facebook’’? Laws 3(4):636–650
Fjelstul JC, Gabel M, Carrubba CJ (2023) The timely administration of justice: using computational simulations to evaluate institutional reforms at the CJEU. J Eur Public Policy 30(12):2643–2664
Helberger N, Araujo T, de Vreese CH (2020) Who is the fairest of them all? public attitudes and expectations regarding automated decision-making. Comput Law Secur Rev 39:105456
Janoski-Haehlen E, Starnes S (2020) The ghost in the machine: artificial intelligence in law schools. DuQ L Rev 58:3
Johnson B, Shen FX (2020) Teaching law and artificial intelligence. Min JL Sci Tech 22:23
Kaminski J (2011) Diffusion of innovation theory. Can J Nurs Inform 6(2):1–6
Land MK, Aronson JD (2020) Human rights and technology: new challenges for justice and accountability. Annu Rev Law Soc Sci 16:223–240
Lockey S, Gillespie N, Holm D, Someh IA (2021) A review of trust in artificial intelligence: challenges, vulnerabilities and future directions
Ma B, Hou Y (2021) Artificial intelligence empowers the integrated development of legal education: Challenges and responses. Future Human Image 16:43–54
Markovic M (2019) Rise of the robot lawyers. Ariz L Rev 61:325
Martinho A, Kroesen M, Chorus C (2021) A healthy debate: exploring the views of medical doctors on the ethics of artificial intelligence. Artif Intell Med 121:102190
Moore MS (1996) Legal principles revisited. Iowa L Rev 82:867
Muniz-Arguelles L, Fraticelli-Torres M (1985) Selection and training of judges in Spain, France, West Germany, and England. BC Int’l Comp L Rev 8:1
Osbeck MK (2011) What is" good legal writing" and why does it matter? Drexel L Rev 4:417
Owen R, Bessant JR, Heintz M (2013) Responsible innovation: managing the responsible emergence of science and innovation in society. Wiley
Park I, Choo T, Na C (2022) Burnout in the da’s office: correlates and coping strategies among male and female prosecutors. Int J Law Crime Just 69:100533
Pinto AG (2021) A construção da identidade da mulher num acórdão sobre violência doméstica
Pollman T (2001) Building a tower of babel or building a discipline-talking about legal writing. MArq L Rev 85:887
Ponto J (2015) Understanding and evaluating survey research. J Adv Pract Oncol 6(2):168
Poppe EST (2019) The future is complicated: Ai, apps & access to justice. Okla L Rev 72:185
Re RM, Solow-Niederman A (2019) Developing artificially intelligent justice. Stan Tech L Rev 22:242
Reid M (2018) A call to arms: why and how lawyers and law schools should embrace artificial intelligence. U Tol L Rev 50:477
Reiling AD (2020) Courts and artificial intelligence. In: IJCA, volume 11, page 1. HeinOnline
Rogers EM (2010) Diffusion of innovations. Simon and Schuster
Rosili NAK, Zakaria NH, Hassan R, Kasim S, Rose FZC, Sutikno T (2021) A systematic literature review of machine learning methods in predicting court decisions. IAES Int J Artif Intell 10(4):1091
Rothmann S, Rossouw E (2020) Well-being of judges: a review of quantitative and qualitative studies. SA J Ind Psychol 46(1):1–12
Ryan F (2021) Rage against the machine? Incorporating legal tech into legal education. Law Teach 55(3):392–404
Santoni de Sio F, Van den Hoven J (2018) Meaningful human control over autonomous systems: a philosophical account. Front Robot AI 5:15
Savelka J, Grabmair M, Ashley KD (2020) A law school course in applied legal analytics and ai. Law Context A Socio-Leg J 37:134
Simshaw D (2018) Ethical issues in robo-lawyering: the need for guidance on developing and using artificial intelligence in the practice of law. Hastings LJ 70:173
Sourdin T (2018) Judge v. robot: artificial intelligence and judicial decision-making. UNSWLJ 41:1114
Spáč S (2018) Recruiting European judges in the age of judicial self-government. Ger Law J 19(7):2077–2104
Stilgoe J, Owen R, Macnaghten P (2020) Developing a framework for responsible innovation. In: Maynard A, Stilgoe J (eds) The ethics of nanotechnology, geoengineering and clean energy. Routledge, pp 347–359
Surden H (2014) Machine learning and law. Wash Law Rev 89:87
van Boom WH, Desmet P, Mascini P (2018) Empirical legal research: charting the terrain. In: van Boom WH, Desmet P, Mascini P (eds) Empirical legal research in action. Edward Elgar Publishing
Von Schomberg R (2011) Towards responsible research and innovation in the information and communication technologies and security technologies fields. (Available at SSRN 2436399)
Vučić F (2023) Changes in legal education in the digital society of artificial intelligence. In: International Conference on Digital Transformation in Education and Artificial Intelligence Application, pp 159–176. Springer
Xu N, Wang K-J (2021) Adopting robot lawyer? the extending artificial intelligence robot lawyer technology acceptance model for legal industry by an exploratory study. J Manag Organ 27(5):867–885
Yalcin G, Themeli E, Stamhuis E, Philipsen S, Puntoni S (2023) Perceptions of justice by algorithms. Artif Intell Law 31(2):269–292
Zalnieriute M (2021) Open justice and technology: Courts, tribunals and artificial intelligence. (Submission to NSW Law Reform Commission Open Justice Review (2021))
Završnik A (2020) Criminal justice, artificial intelligence systems, and human rights. In: ERA forum, volume 20, pp 567–583. Springer
Zimmerman IM (2000) Isolation in the judicial career. Court Rev 36:1–6
Acknowledgements
The author makes a special acknowledgment to Sandra dos Reis Luís, João Ferreira, and João Miguel Mendes for their collaboration in the development of the survey in Portuguese Judicial Courts. The author acknowledges Sandra dos Reis Luís and João Miguel Mendes for the deployment of the survey. The author also thanks and presents her sincere appreciation to the Judges who participated in the testing sessions of the survey (Ana Chambel, Cátia Santos, Filipe Aveiro Marques, Gabriela Cunha Rodrigues, Georgina Rodrigues, Jão Cura Mariano, Maria Olinda Garcia, and Pedro Soares de Albergaria). The author acknowledges the Supreme Court of Justice, in the person of its President Henrique Araújo for the collaboration in the research project. Finally, the author also acknowledges and thanks all the Judges who completed the survey.
Curmudgeon Corner
Curmudgeon Corner is a short opinionated column on trends in technology, arts, science and society, commenting on issues of concern to the research community and wider society. Whilst the drive for super-human intelligence promotes potential benefits to wider society, it also raises deep concerns of existential risk, thereby highlighting the need for an ongoing conversation between technology and society. At the core of Curmudgeon concern is the question: What is it to be human in the age of the AI machine? -Editor.
Author information
Authors and Affiliations
Corresponding author
Ethics declarations
Conflict of interest
The author has no conflict of interests.
Additional information
Publisher's Note
Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.
Supplementary Information
Below is the link to the electronic supplementary material.
Rights and permissions
Springer Nature or its licensor (e.g. a society or other partner) holds exclusive rights to this article under a publishing agreement with the author(s) or other rightsholder(s); author self-archiving of the accepted manuscript version of this article is solely governed by the terms of such publishing agreement and applicable law.
About this article
Cite this article
Martinho, A. Surveying Judges about artificial intelligence: profession, judicial adjudication, and legal principles. AI & Soc (2024). https://doi.org/10.1007/s00146-024-01869-4
Received:
Accepted:
Published:
DOI: https://doi.org/10.1007/s00146-024-01869-4