Tesi etd-04252020-181000
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Tipo di tesi
Master di Primo Livello
Autore
LABRIOLA, DIEGO
URN
etd-04252020-181000
Titolo
The Artificial Intelligence in the judicial system: the predictive justice in Italy
Struttura
Istituto di Diritto, Politica e Sviluppo
Corso di studi
Corsi Alta Formazione - MASTER IN HUMAN RIGHTS AND CONFLICT MANAGEMENT
Commissione
relatore Prof. SOMMARIO, EMANUELE GIUSEPPE
Tutor CARBONIERO, MICHELA
Tutor CARBONIERO, MICHELA
Parole chiave
- Artificial Intelligence
- Human Rights
- Italian judiciary
- LegalTech
- predictive justice
- Right to a Fair Trial
Data inizio appello
07/05/2020;
Disponibilità
completa
Riassunto analitico
Artificial Intelligence (AI) is an umbrella term which encompasses a variety of sciences, theories and techniques, whose presence into our daily life is fastly speeding up. Accordingly, the diverse applications of AI are having a growing impact, which may be positive or negative, on the exercise, enjoyment and protection of all human rights and fundamental freedoms.
Among the comprehensive set of indivisible rights set out in international human rights law, there are some whose interpretation can be totally overturned by this technological wave. Will the impacts of the AI’s applications on human rights be positive or negative? Given this new context, should we rethink the content of human rights State’s obligations? Will AI help us to stem the bleeding of inequality around the world or will it contribute to inequality’s propagation? These questions do not find a definite answer, but what is clear is that it is necessary to investigate this field before it becomes necessary to put remedies to an established reality. As underlined by many international instruments, all non-binding to date, the objective is to maintain a human centered approach throughout the whole lifecycle of AI technologies. In particular, this study tries to analyze which are the AI tools currently in use and those that could be used in the field of justice, both by the State and by private actors. This issue is particularly sensitive because the very existence of human rights is based on the possibility and the way in which their violations are enforced. Are the guarantees arising from the right to a fair trial strengthened or weakened by the use of IA? And in this context how can the very concept of legal certainty or the independence of the judge change? Through the analysis of fundamental concepts in the legal field, such as the interpretation and predictability of law, the work tries to define answers to these questions consistent with the Italian legal system.
The aforementioned issue is addressed in the third chapter, while the first two chapters are purely introductory and try to clarify some essential concepts to tackle the main theme of the thesis. The analysis of the current trend of policies implemented at global and regional level on AI and brief reflections on the changing way of conceiving ethics in this digital world are what is contained in the first chapter. The second chapter, on the other hand, briefly sets out what effects, either positive or negative, AI may have on human rights.
Among the comprehensive set of indivisible rights set out in international human rights law, there are some whose interpretation can be totally overturned by this technological wave. Will the impacts of the AI’s applications on human rights be positive or negative? Given this new context, should we rethink the content of human rights State’s obligations? Will AI help us to stem the bleeding of inequality around the world or will it contribute to inequality’s propagation? These questions do not find a definite answer, but what is clear is that it is necessary to investigate this field before it becomes necessary to put remedies to an established reality. As underlined by many international instruments, all non-binding to date, the objective is to maintain a human centered approach throughout the whole lifecycle of AI technologies. In particular, this study tries to analyze which are the AI tools currently in use and those that could be used in the field of justice, both by the State and by private actors. This issue is particularly sensitive because the very existence of human rights is based on the possibility and the way in which their violations are enforced. Are the guarantees arising from the right to a fair trial strengthened or weakened by the use of IA? And in this context how can the very concept of legal certainty or the independence of the judge change? Through the analysis of fundamental concepts in the legal field, such as the interpretation and predictability of law, the work tries to define answers to these questions consistent with the Italian legal system.
The aforementioned issue is addressed in the third chapter, while the first two chapters are purely introductory and try to clarify some essential concepts to tackle the main theme of the thesis. The analysis of the current trend of policies implemented at global and regional level on AI and brief reflections on the changing way of conceiving ethics in this digital world are what is contained in the first chapter. The second chapter, on the other hand, briefly sets out what effects, either positive or negative, AI may have on human rights.
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