Artificial Intelligence and the Rule of Law

Algorithmic systems, including artificial intelligence (AI), are increasingly used to shape, interpret and enforce legal norms. What are the implications of this shift from text-driven law to machine-driven law? How does our reliance on such technology affect (legal) judgment, which is associated not only with rationality but also with capabilities like thoughtfulness, empathy and emotional intelligence? And how does it impact the nature of our legal and political system? By examining these questions, this seminar explores how AI and other digital technologies intersect with the ideal of the rule of law. Through engagement with jurisprudential theory, case studies, and critical scholarship, we will discuss the opportunities and challenges posed by algorithmic systems to the core values underlying this ideal — such as predictability, non-arbitrariness, equality, judicial independence, and the separation of powers. Particular focus will be given to the technology’s use in the public sector, including in government, law enforcement and the judiciary, yet we may also focus on broader themes like legal personhood for AI and digital sovereignty.