How AI-Adjudication Disrupts Law’s Ability to Facilitate Moral Perceptual Progress
Janna van Grunsven (TU Delft - Ethics & Philosophy of Technology)
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Abstract
Several philosophers of law have been drawing attention to the role of moral perception in modern legal practices. While perception-oriented approaches to law represent a minority view, I show that they offer a fruitful perspective on what is at stake with the emergence of Artificial Legal Intelligence (ALI). Specifically, I argue that facilitating moral perceptual progress is one of modern law’s vital aspirations, baked into its origin story as well as some of its content and processes. I argue that this aspiration threatens to be disrupted by ALI, which increasingly permeates the space of modern law. While my argument lands on a predominantly pessimistic assessment of ALI developments, I will conclude by speculating about potential positive ways in which ALI technologies may also support moral perceptual process.