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К вопросу о применении искусственного интеллекта для отправления правосудия
The subject of the analysis in the article is the question of the possibility of artificial intelligence performing the functions of a judge and replacing judges in general. The author draws attention to the argumentation that is usually given to justify the impossibility of artificial intelligence performing judicial functions: pragmatic and paradigmatic. Pragmatic limits suggest difficulties in replacing judges with artificial intelligence units due to social reasons — the possible unavailability of the social system itself, in particular, the judicial community, to replace this social institution with machines. The paradigmatic limits suggest technical difficulties for the introduction of artificial intelligence into judicial practice. To analyze such limits, the author turns to the concepts of analytical philosophy, which agree on the existence of uncertainty in law, when faced with which judges overcome it by appealing to ideas about values and making moral judgments. Currently, artificial intelligence cannot make moral judgments, and the method of transferring this ability from humans to artificial intelligence is also unclear, which is why the literature analyzed in the article concludes that it is impossible to completely replace judges with artificial intelligence. However, the author also emphasizes that artificial intelligence is already being used to resolve certain categories of disputes by courts abroad. The author also analyzes under what conditions and in what logical form artificial intelligence turns out to be the most effective for solving legal problems, and how it can be integrated into the justice system. Of the three ways in which artificial intelligence makes conclusions about legal disputes (deductive, inductive, and deductive), the most productive is the deductive conclusions made by artificial intelligence. They allow you to make assumptions about possible outcomes of the case, to identify other legal risks. This practice has already shown its success in recent decades.