It's not currently, but if we were able to use AI to generate laws in an objective and logically sound way based on general principles like "don't harm others or their property", we'd be much better off.
> if we were able to use AI to generate laws in an objective and logically sound way ... we'd be much better off.
A major role of judges is specifically to not do that because there are circumstances that will not have been thought of at the time of a law being written, new laws will be written that interact in unforeseen ways with existing laws and/or common views on justice can change over time.
It may be technically illegal to destroy a person's property but no judge is going to convict someone who breaks down a person's front door because they heard someone crying for help inside. That's a simple example but there would have to be enumerable exceptions to every single law for an objective/logical AI to do justice.
Rather than try to enumerate the enumerable, we let judges judge.
> It may be technically illegal to destroy a person's property but no judge is going to convict someone who breaks down a person's front door because they heard someone crying for help inside.
> we let judges judge.
The role of a judge is to interpret and apply the law, including applying existing legal standards and precedents. They are referees in the adversarial judicial system and it is unethical legal malpractice for them to apply their discretion in places where the law does not allow for it. Your hypothetical situation doesn't help your argument: if the judge in question is not applying the law as it is written and as the precedents dictate, they are violating their oath.
parineum|17 days ago
A major role of judges is specifically to not do that because there are circumstances that will not have been thought of at the time of a law being written, new laws will be written that interact in unforeseen ways with existing laws and/or common views on justice can change over time.
It may be technically illegal to destroy a person's property but no judge is going to convict someone who breaks down a person's front door because they heard someone crying for help inside. That's a simple example but there would have to be enumerable exceptions to every single law for an objective/logical AI to do justice.
Rather than try to enumerate the enumerable, we let judges judge.
mullingitover|17 days ago
> we let judges judge.
The role of a judge is to interpret and apply the law, including applying existing legal standards and precedents. They are referees in the adversarial judicial system and it is unethical legal malpractice for them to apply their discretion in places where the law does not allow for it. Your hypothetical situation doesn't help your argument: if the judge in question is not applying the law as it is written and as the precedents dictate, they are violating their oath.