Algorithmic decision-making on trivial legal questions

Vol.15,No.29(2024)
Review of Law and Technology

Abstract

Algorithmized decision-making means converting part of the application and interpretation of law into the form of algorithms. The formal representation of law in algorithms is particularly applicable in simple (trivial) cases which, when applied, show elements of a stereotype and suffice with mechanical application, i.e. it requires practically no additional human imagination. In practical cases, we try to demonstrate that in certain types of (trivial) cases, all relevant factual and legal circumstances for decision-making can be included in a formal structure (e.g. a set of questions in a checklist), thereby reducing law to a mechanical application. The article defines the range of legal questions - trivial questions that could be subject to algorithmization without risk. A trivial legal question is composed of absolute, binary, or factual data.


Keywords:
Algorithm; Algorithmic Decision-making;; Trivial; Formal Representation of Law; Computational Law; Artificial Intelligence.

Pages:
s. 228–271
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