When should a computer decide?: Judicial decision-making in the age of automation, algorithms and generative artificial intelligence

John Morison and Tomás McInerney

Chapter 4 in Research Handbook on Judging and the Judiciary, 2025, pp 54-87 from Edward Elgar Publishing

Abstract: This chapter seeks to explore what the activity of judging actually involves and whether it might be replaced by algorithmic technologies, including Large Language Models such as ChatGPT. This involves investigating how algorithmic judging systems operate and might develop, as well as exploring the current limits on using AI in coming to judgment. While it may be accepted that some routine decisions can be safely made by machines, others clearly cannot, and the focus here is on exploring where and why a decision requires human involvement. This involves considering a range of features centrally involved in judging that may not be capable of being adequately captured by machines. Both the role of judges and wider considerations about the nature and purpose of the legal system are reviewed to support the conclusion that while technology may assist judges, it cannot fully replace them.

Keywords: Automated decision-making; Algorithms and legal judgment; ChatGPT; Generative AI; Large language models; Judicial AI (search for similar items in EconPapers)
Date: 2025
ISBN: 9781788978736
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