Document Type : Original Article
Authors
1
Assistant Professor of Law,, Shahid Beheshti University
2
Master in Private Law, Shahid Beheshti University
10.52547/jlr.2022.228967.2335
Abstract
The Challenges in Employing of AI Judge in Civil Proceedings
Ebrahim RAHBARI (Assistant Professor of Law,, Shahid Beheshti University)
Ali SHABANPOOR (Master in Private Law, Shahid Beheshti University)
Abstract
Artificial intelligence (AI), as one of the most important human achievements in the 21st century, is expanding its dominance in science, technology, industry, art, etc. this technology is spreading its shadow over various jobs in these fields. The field of law, and specifically proceedings and courtrooms, are reluctantly being influenced by this technology. This article aims to explain the challenges of employing this modern technology as a substitute for civil court judges. Despite all the AI‘s achievements and the opportunities it can bring to the judiciary, it seems this technology faces severe challenges in matters such as legal reasoning, impartiality, and public acceptance. This research, with a descriptive-analytical method, while explaining the shortcomings of AI in the field of judgment, reveals that AI, with its current capabilities, cannot be considered as a complete substitute for a human judge. This means that it would be more effective to use AI as a tool in the service of judges, helping them in handling and resolving disputes faster and more accurately. These challenges are compounded in Iranian law, which is affected by Feqh regarding judges' conditions and hindrances of the Iranian legal system compared with other legal systems in employing new technologies such as AI.
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