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Resumen de Ethical Challenges from Artificial Intelligence to Legal Practice

Miguel Ramón Viguri Axpe

  • The increasing implementation of software and data analysis tools based on Artificial Intelligence in the field of law, raises technical and ethical questions regarding the legal nature of the actions that take place in an area of eJustice. In the first place, the ethical problems derived from Jurimetrics appear: the increasing capacity to detect hidden patterns between the data of sentences and procedural forms, allow establishing statistical guidelines of reliability in terms of the application of a certain line of defense or another. This endangers the duty of every legal agent (not only of the judges) to ensure justice, turning the orientations and the choices of argumentative strategies into a commercial practice that distorts the ethical nature of the legal profession. On the other hand, the irruption of new communication technologies and data analysis can modify the conditions of establishment and development of both the procedures and the judicial process itself (both civil and criminal). Finally, AI confronts us with a series of ethical problems derived from the predictive function applied to research. This work will try to briefly show these issues and conclude with a series of ethical indications or recommendations to avoid dangers and turn digitization into a tool at the service of the legal operator and at the service of defending the rights and dignity of people.


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