Algorithms and adjudication

Lucy, William

Abstract

This essay addresses a version of Jerome Frank’s question – ‘Are Judges Human?’ – asking instead: are human judges necessary? It begins, in section II, by outlining the technological developments which inform the view that they are not and critically evaluates the juristic position that seemingly endorses it. That position is labelled ‘technological evangelism’ and it consists of three claims about law and adjudication: the certainty, determinacy and partiality claims. Section III shows that these three claims are utterly incompatible with what it calls standard and non-standard views of adjudication and law, while section IV considers some ways in which proponents of technological evangelism might try to reject standard and non-standard views. That section concludes that no plausible efforts have so far been made by technological evangelists to reject standard and non-standard views, and that those views therefore maintain their existing explanatory and normative priority. The overall conclusion of the essay is that technological evangelism is not a critical explanatory and normative engagement with law and adjudication as we know them, but an effort to replace them: not a game-changing intervention, but a game-ending one.

Citation

Lucy, W. (2023). Algorithms and adjudication. Jurisprudence, https://doi.org/10.1080/20403313.2023.2243712

• Journal Article Type: Article
• Acceptance Date: Jul 22, 2023
• Online Publication Date: Aug 16, 2023
• Publication Date: 2023
• Deposit Date: Aug 22, 2023
• Publicly Available Date: Aug 22, 2023
• Journal: Jurisprudence
• Print ISSN: 2040-3313
• Electronic ISSN: 2040-3321
• Publisher: Taylor and Francis Group
• Peer Reviewed: Peer Reviewed
• DOI: https://doi.org/10.1080/20403313.2023.2243712
• Public URL: https://durham-repository.worktribe.com/output/1723087