Aug 2026· SOCIOLOGIA DEL DIRITTO· 0 citations· 14 references
Abstract
Artificial intelligence, together with access to Big Data, has produced profound changes in the information about law, whereas it proceeds at a slower pace in the field of law framing, especially as far as law-giving and judicial decision-making are concerned. Here the role played by the human being in legal processes is still crucial. Yet, the significant experiments with “smart” legal rules that are now on the close horizon raise concerns about what may become the shape of the law in our not-so-far future. Some questions are still open. How far can algorithms go into the intricacies of the countless logical, ethical, psychological and sociological variables that intervene in legal reasoning at all levels? How much space will remain for human intervention in the framing and enforcement of legal rules, whether “general” or “individual”? Will the overwhelming power of technology impose a kind of over-simplified law, made of mere signals rather than signs and symbols, which will minimalize or annul them? In that case, what consequences will ensue in the distribution of power in our societies and in their democratic procedures?
Whether AI can be regarded as a legal person, particularly in light of the historical development of legal personhood, is explored, and whether similar recognition is appropriate for AI systems that display autonomy but lack human qualities such as intention and consciousness.
Soniya Salunkhe· International Journal of Law...· 0 citations
The increasing deployment of Artificial Intelligence (AI) in public governance raises critical questions about its role, legitimacy, benefits and risks in discrete domains, including anti-corruption. While AI offers means and ways for detecting patterns of fraud, analyzing complex data, its use in anti-corruption laws,...
Qerim Qerimi· Rule of Law and Anti-Corrupt...· 0 citations
While artificial intelligence (AI) offers promise as a tool for efficiency and access to justice, in public administration it also threatens to reproduce the perversity in Franz Kafka’s parable “Before the Law”: systems that mimic legality while rendering the law opaque and unreachable. I develop the concept of “Digi...
This article explores how artificial intelligence (AI) and algorithmic infrastructures are reshaping law, society, and human judgement. AI introduces a new logos—a rationality distinct from human reason—producing autonomous agents with “subjectivity without a subject” that challenge traditional hierarchies and authorit...
Antonio Incampo· Forensic Sciences Research· 0 citations
The article provides a constitutional and legal analysis of the impact of artificial intelligence on the content, structure and legal nature of the fourth generation of human rights. The study’s relevance stems from the fact that the traditional generational classification of human rights, developed by K. Vasak, increa...
M. Bielova, D. Byelov· Analytical and Comparative J...· 0 citations
The intersection between AI and antitrust law is explored, analysing whether AI can be used to facilitate anti-competitive practices and to what extent algorithm-driven pricing mechanisms act autonomously and to what degree they may be intentionally influenced or optimized to benefit corporate interests.
Daniel Milewski, Cezary Małozięć· 0 citations
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