Artificial Intelligence and the Rule of Law

This book chapter examines an interaction between technological shocks and the “rule of law.” It does so by analyzing implications a class loosely related computational technologies termed “machine learning” (ML) or, rather less precisely “artificial intelligence” (AI). These tools are presently employed in pre-adjudicative phase enforcing laws, for example facilitating selection targets tax regulatory investigations. Two general questions respecting rule law arise from these developments. The more immediately apparent one is whether technologies, when integrated into legal system, themselves compatible or conflict with law. Depending on which conception deployed, substitution machine decision-making human judgment can kindle objections based transparency, predictability, bias, procedural fairness. A first purpose this to examine ways shock poses such challenges. normative ambitions ML I will suggest, complex ambiguous. In many cases, moreover, powerful objection technology arises bare fact its objection, socio-political context that adoption occurred dynamic effect background disparities power resources. ML’s likely exacerbates differences social status place under strain. The second question posed new AI has also not been extensively discussed. Yet it perhaps profound significance. Rather than focusing compliance rule-of-law values, hinges how itself conceived implemented. Many canonical discussions law—including Dicey’s Waldron’s—entangle conceptual definition series institutional entailments. assume requires specific form courts. They presumably posit judges exercising discretion making judgments as necessary optional. For entailments law, destabilizing implications. sharpens abstract concept needs be realized particular form. raises instead change might demand amendments relationship concept(s) practice pre-existing concepts their practical, correlates may no longer hold conditions change. At very least then, specification forms challenges just practical matter but terms theory