Filozofska istraživanja, Vol. 42 No. 1, 2022.
Original scientific paper
https://doi.org/10.21464/fi42105
Artificial Intelligence and Selected Aspects of Criminal Law. On Some Challenges for Contemporary Legal Culture
Josip Berdica
orcid.org/0000-0003-4874-0326
; Sveučilište Josipa Jurja Strossmayera u Osijeku, Pravni fakultet Osijek, Stjepana Radića 13, HR–31000 Osijek
Barbara Herceg Pakšić
orcid.org/0000-0002-7052-928X
; bherceg@pravos.hr
Abstract
The topic of the impact of artificial intelligence on law, the legal profession and legal culture, in general, has not yet been sufficiently discussed in the Croatian scientific community. This paper aims to encourage a more comprehensive analysis of the relationship between the increasing use of artificial intelligence in our daily lives and the specifics of practising the legal profession in such an environment. Artificial intelligence is still a broad and heterogeneous field. It is therefore justified to ask the question: Which of the many technologies currently being developed can be applied in the field of law? Which legal matters can be “entrusted” to the new technologies? To answer such and similar questions, it is necessary to have an excellent knowledge of both artificial intelligence and the law, as well as the areas in which they intersect. We have chosen criminal law, which is a part of public law and the ultimate social mechanism for responding to undesirable behaviour, as our object of study. We pay particular attention to its two important aspects: the element of culpability in a criminal offence and the possibility of autonomous decision-making in criminal law. The reflections have shown that Croatian criminal law may have the ability and potential to adapt to the challenges of artificial intelligence when it comes to culpability. On the other hand, the necessity and value of artificially intelligent decisions are questionable given the fundamental characteristics of criminal law. In conclusion, the authors express a departure from views of artificial intelligence as a decision-making substitute in criminal law but support the view that artificially intelligent legal technologies are an aid to decision-making.
Keywords
artificial intelligence; law; criminal law; legal culture; culpability; judge; decision making in criminal law
Hrčak ID:
281084
URI
Publication date:
17.7.2022.
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