BETWEEN LAW AND DISCRETION: AI AND THE IMPLICATION OF HARD CASES OF THE JUDGE
Our aim in this paper is to explore how the integration of artificial intelligence (AI) into the legal system could positively improve decision-making. However, it is imperative to observe that AI may also pose a significant challenge to traditional jurisprudence, particularly in facets related to discretion, moral responsibility, and legal decision-making. Opinions in this regard are that artificial intelligence (AI) may have the predilection to threaten existing principles of justice that have been construed in a manner that prioritizes ‘Hard cases’ that stem from the judge, at the core of legal systems. Adopting the philosophical method of analysis, we argue that at the moment AI cannot replace the essential human components of judgment and moral deliberation,whichare basic and fundamental to jurisprudence. In this paper, we argued that the judgment of a machine cannot override that of humans based on rationality and autonomy in judicial decision-making. We explore the impending possibility of AI to support legal decisions but caution against the probability of supplanting human discretion, particularly in ‘marginal cases that require a nuanced understanding of justice. In the final third, this paper recommends a balanced approach that combines AI’s analytical capabilities with human ethical reasoning that heightens marginal cases and discretion in jurisprudence and the legal system.
Keywords: Artificial Intelligence, Jurisprudence, Legal Discretion, Hard cases, Moral Responsibility, Judicial Decision-Making.