Projects / Programmes
AUTOMATED JUSTICE: SOCIAL, ETHICAL AND LEGAL IMPLICATIONS
| Code |
Science |
Field |
Subfield |
| 5.07.00 |
Social sciences |
Criminology and social work |
|
| Code |
Science |
Field |
| S160 |
Social sciences |
Criminology |
| Code |
Science |
Field |
| 5.05 |
Social Sciences |
Law |
Criminal justice, human rights, automatisation, algorithms, artificial intelligence, big data, law enforcement, sentencing
Researchers (14)
Organisations (1)
Abstract
Over the past decade, the use of algorithms, big data and artificial intelligence (A.I.) has resulted in the emergence of various “autonomous systems” aimed at replacing humans in a number of areas. However, especially in the areas of national and international justice, the increasing ability of autonomous systems to act on their own with no or limited human control raises important legal and ethical concerns. The overall objective of the proposed research is to explore how justice systems at the national and international levels are changing with the increasing use of autonomous systems. We aim to analyse how automatization might be beneficial on the one hand and what kinds of risks it carries for human rights and other fundamental values on the other hand.
The examples of such developments are numerous and varied, but we chose to focus on areas of professional decision-making, where the impacts are very visible and relevant. We will concentrate on four specific issues of international and domestic delivery of justice that have changed significantly with the process of automatization. First, A.I., big data, and algorithms are used to manipulate public opinion and the behaviour of entire populations, which has an important effect on democracy (as has been glimpsed in recent voting in the UK and US). One WP will thus focus on analysing changes of the political democratic framework caused by the use of such large personal data databases, algorithmic data mining and predictive powers of digital platforms. Second, autonomous systems, e.g. sentencing tools, have led to significant changes in criminal justice systems with the aims of accelerating procedures and supposedly making them more objective. The second WP will thus first examine the differences between principles governing automated justice and traditional principles of criminal law (e.g. the presumption of innocence) and consider their compatibility. Next, we will explore how algorithm-driven solutions routinely used in the US could fit into the civil-law jurisdictions of EU countries, including Slovenia. We will finally attempt to build an algorithm-based decision-making model that could be used in decisions on sentencing in Slovenian courts, wherein we will focus on evaluating the process and steps of producing such a tool and its potential benefits and pitfalls. Third, autonomous weapons systems are being deployed in armed conflicts, raising many legal issues in both jus in bello and jus ad bellum regimes. In our third WP we will thus analyse how autonomous weapons systems remain unable to comply with the requirements of international humanitarian law, in particular the principles of distinction and proportionality, and consider possible future developments that could (not) change that. Fourth, automated monitoring systems, which include satellites and other in-air and on-ground monitoring devices, are used to predict natural disasters, monitor environmental degradation, and influence environmental legal policy making. Our final WP will seek to answer how to prevent state sovereignty disputes that may arise from the use of such automated monitoring systems, especially when violations of state sovereignty take place and when data obtained with such systems are misused.
Overall, the project will provide a comprehensive in-depth analysis of the impacts of autonomous systems on chosen issues of international and domestic delivery of justice. We will aim to comprehend the dynamics of these changes, couple them with relevant theoretical concepts, develop new ones, and broaden our understanding of automation. Moreover, the process of developing the sentencing model will allow us to understand the issues surrounding its conception and segment potential vulnerabilities in its development as well as provide the academic community, policymakers, and the public at large with recommendations on how to tackle the risks emerging from automatization.
Significance for science
Technological advancement is taken for granted in our post-modern era, however, reflections on its impact on various areas of human life typically lag behind. This project will contribute to the up-to-date evolution of criminological and legal science that is highly needed due to the ongoing technological revolution. The collaboration with computer science will allow us to test and develop future common endeavours in the field.
The results will be beneficial to the Slovenian, European and global academic context. The questions we will address as well as the knowledge we will produce, are inherently global. We will further the exchange and dissemination of the project’s insights via international academic collaborations, such as publications and events. Moreover, the project will allow for an improved collaboration of Slovenian and international scholars via fostering existing research networks, in particular with a view to submit joint applications for grants in the Horizon 2020 perspective, COST Actions and for DG Justice and Consumers calls. Throughout the research we will transfer findings to our students at universities home and abroad where we conduct courses (all levels law, criminology and security studies).
More specifically, firstly, in by examining threats to democracy in WP2, we will contribute to the development of studies of social control and to the development of constitutional law. Moreover, the outcomes will foster broader discussions in political science and legal theory. Secondly, our research in WP3 will contribute to the development of criminal law and a reassessment and potential redefinition of criminal law principles originating in the 19th century. Moreover, we will offer answers to a broad array of questions of feasibility and legal applicability of algorithm-assisted automated justice in continental European systems. Finally, in WP3 we will attempt an academic approach towards building an algorithmic model of decision making with constant observations of the phases involved in its creation. We will explore the potential benefits of using such a tool in sentencing, as well as its potential weaknesses, which is rather unlikely to be accounted for in non-academic, commercial projects where such tools are typically developed. Thirdly, in WP4 will provide new knowledge on the degrees of autonomy of the most advanced autonomous weapons systems, the limits of meaningful human control over such systems, and the limitations of such systems to comply with international laws of conflict. In particular, we will provide new guidelines on how to improve the regulation of such weapons systems. Finally, the WP5 will provide new insights into the under-researched issues surrounding the use of automated monitoring systems and their impact on the principle of state sovereignty. This will be one of the first projects focusing on these issues.
Significance for the country
Technological advancement is taken for granted in our post-modern era, however, reflections on its impact on various areas of human life typically lag behind. This project will contribute to the up-to-date evolution of criminological and legal science that is highly needed due to the ongoing technological revolution. The collaboration with computer science will allow us to test and develop future common endeavours in the field.
The results will be beneficial to the Slovenian, European and global academic context. The questions we will address as well as the knowledge we will produce, are inherently global. We will further the exchange and dissemination of the project’s insights via international academic collaborations, such as publications and events. Moreover, the project will allow for an improved collaboration of Slovenian and international scholars via fostering existing research networks, in particular with a view to submit joint applications for grants in the Horizon 2020 perspective, COST Actions and for DG Justice and Consumers calls. Throughout the research we will transfer findings to our students at universities home and abroad where we conduct courses (all levels law, criminology and security studies).
More specifically, firstly, in by examining threats to democracy in WP2, we will contribute to the development of studies of social control and to the development of constitutional law. Moreover, the outcomes will foster broader discussions in political science and legal theory. Secondly, our research in WP3 will contribute to the development of criminal law and a reassessment and potential redefinition of criminal law principles originating in the 19th century. Moreover, we will offer answers to a broad array of questions of feasibility and legal applicability of algorithm-assisted automated justice in continental European systems. Finally, in WP3 we will attempt an academic approach towards building an algorithmic model of decision making with constant observations of the phases involved in its creation. We will explore the potential benefits of using such a tool in sentencing, as well as its potential weaknesses, which is rather unlikely to be accounted for in non-academic, commercial projects where such tools are typically developed. Thirdly, in WP4 will provide new knowledge on the degrees of autonomy of the most advanced autonomous weapons systems, the limits of meaningful human control over such systems, and the limitations of such systems to comply with international laws of conflict. In particular, we will provide new guidelines on how to improve the regulation of such weapons systems. Finally, the WP5 will provide new insights into the under-researched issues surrounding the use of automated monitoring systems and their impact on the principle of state sovereignty. This will be one of the first projects focusing on these issues.
Most important scientific results
Interim report
Most important socioeconomically and culturally relevant results
Interim report
