RUDN Journal of Engineering Research (Jul 2024)

The Dual Aspects of Legal Reasoning in the Era of Artificial Intelligence - Defeasible Reasoning and Argumentation Scheme

  • Ze Li,
  • Feiping Lei,
  • Dmitry N. Ermakov,
  • Nina V. Symaniuk,
  • Ilya V. Poletaev,
  • Naofal M.H. Aziz,
  • Ahmed Obaid,
  • Pavel I. Ivanov

DOI
https://doi.org/10.22363/2312-8143-2024-25-2-173-185
Journal volume & issue
Vol. 25, no. 2
pp. 173 – 185

Abstract

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The age of artificial intelligence emphasises the possibility of justification and the dialectical aspects of legal reasoning. The need for validity in legal reasoning mainly stems from the existence of exceptions to rules and conflicts between rules. Formal logic may well account for exceptions to rules and thus characterise cancellable reasoning. The presented article focuses on legal issues related to Artificial Intelligence (AI) that are being discussed in the scientific community because of their importance for understanding the mechanisms of law realisation. Some of the most pressing issues in the application of artificial intelligence include: transparency of algorithms, cybersecurity vulnerabilities, unfairness, bias and discrimination, lack of adversariality, legal personality issues, intellectual property issues, adverse effects on employees, privacy and data protection issues, liability for damages and lack of liability. Recognising the importance of artificial intelligence in the field of law, and acknowledging that the field requires constant reassessment and flexibility, this article develops a discussion that is important given the seriousness of the impact of artificial intelligence technologies on legal actors. on legal issues related to Artificial Intelligence (AI) that are being discussed in the scientific community because of their importance for understanding the mechanisms of law realisation. Some of the most pressing issues in the application of artificial intelligence include: transparency of algorithms, cybersecurity vulnerabilities, unfairness, bias and discrimination, lack of adversariality, legal personality issues, intellectual property issues, adverse effects on employees, privacy and data protection issues, liability for damages and lack of liability. Recognising the importance of artificial intelligence in the field of law, and acknowledging that the field requires constant reassessment and flexibility, this article develops a discussion that is important given the seriousness of the impact of artificial intelligence technologies on legal actors.

Keywords