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Technology,
Law Practice

Dec. 17, 2020

Head-scratching about AI-based adjudication being ruefully dispassionate

There is a rising concern that advances in artificial intelligence are tending toward the possibility of using AI-based computerized judges in our courts. One claimed reason to not adopt such AI is that it is considered dispassionate, but this runs into some logical contradictions and falls apart as a principled basis to stave-off the AI-powered judicial floodgates.

Lance Eliot

Chief AI Scientist
Techbrium Inc.

Dr. Lance B. Eliot is a Stanford Fellow and a world-renowned expert on Artificial Intelligence (AI) and the Law with over 6.8+ million amassed views of his AI columns. As a seasoned executive and high-tech entrepreneur, he combines practical industry experience with deep academic research and serves as a Stanford Fellow at Stanford University.

Let's take a moment and think about judges and how they think.

Thomas Hobbes wrote in his famous 1651 treatise titled "Leviathan" that judges should divest themselves of all fear, anger, hatred, love and compassion. In 2005, the future-seated Supreme Court Justice John Roberts espoused that judges should use "dispassionate thinking," though he also acknowledged and lamented that doing so is much harder than it might seem. Indeed, Ro...

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