Artificial Intelligence Applied to the Administration of Justice. Reflections on the Concept of Punishment and the Principle of Reciprocity in Shing-I Liu’s Thought
摘要
AI’s role in law raises deep anthropological concerns. It’s shaped by powerful tech firms, not idealists, and relies on historical data, lacking vision to the future. Its logic is instrumental, not ethical, promoting speed and efficiency over justice and happiness. AI cannot embody Verdross’s “consciousness of positive law”; using it for justice risks “playing God.” In China, AI use in justice, healthcare, art, and education faces few restrictions, even enabling facial scans in classrooms. This essay argues AI should support—not replace—human judgment in law. Shing-I Liu warns that AI cannot grasp punishment or reciprocity, key to human rights.