June 26, 2021

Artificial intelligence – challenging the status quo of jurisprudence

The above mentioned article deals with the legal impact and repercussions being caused due to the advancements in technology involving Artificial Intelligence.

The said article emphasizes on the broader scope and impact of Artificial Intelligence in various fields and their subsequent legal implications and liabilities. Now let us first establish the fact that artificial intelligence and technological growth is inevitable. As long as human beings evolve, technology evolves concurrently.

Hence instead of criticizing the evolvement of AI, the legislators and the tech giants need to work hand in hand to synchronize and administer its implementation with more care and precision.

Judiciary is the most important pillar of a society. Hence, a compromise on its efficiency and unbiased functioning would certainly be catastrophic, as held by the author.

And touching upon the decision making powers of the AI, it is certainly a revolutionary advancement that a machine can make decisions for humans, but is also the most controversial aspect of AI.

Judiciary is filled with intricacies and legal conundrums. And then there is the moral aspect of certain cases. Even when some renowned adjudicators struggle to unravel such complexities, expecting an AI powered machine to do it is certainly far-fetched.

Hence, the AI should hold no place in the decision making spectrum of the Judiciary.

And even in the utilisation of AI in research tools, the author opined that the study set to train the machine should be open sourced so that no single player can influence the sphere of legal research, which is completely agreeable.

Furthermore, the implementation and liabilities of artificial intelligence in various other sectors such as healthcare and transportation is also not clearly defined in any of the legislatures in the world.

This cutting edge technology is still a learning curve for the legal faction around the world.

Also, our society at large is continuously evolving and, with it, so does the interpretation of the laws governed by the constitution. In the earlier days, what was necessarily considered illegal while framing a certain statute may not be such a crime in the present modern society. Decriminalization of Section 377 and recognizing the Right to Privacy as a fundamental right by the Indian Judiciary are certain examples of this evolution.  Several amendments and changes have been brought about in the legal statutes since their enactments. Hence, a programmed AI would not be able to adapt to these progressions in the society occurring periodically.

Conclusion:

The legislature and the legal fraternity as a whole needs to come together to streamline and decipher the various complications imposed by the advancement of artificial intelligence that inevitably challenges the status quo of Jurisprudence. The rights and liabilities that arise out of such a notorious technological marvel needs to be clearly defined under the legislature before its largescale implementations in various fields.

And finally, artificial intelligence shouldn’t be even remotely considered to discharge the decision making powers of the Judiciary at any point in time as this would have tremendous and irreversible consequences.

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