Published online by Cambridge University Press: 05 September 2025
Chapter 6 discusses the transformative potential and challenges of automated decision-making in smart courts, where AI and algorithms assist or replace human decision-making at various stages of the judicial process. While AI offers advantages in accuracy, neutrality and efficiency, its rule-based nature introduces rigidity, limiting its adaptability and ethical judgment. The chapter categorizes AI systems into rule-based, data-matching and data-mining, and distinguishes between fully and partially automated systems. It highlights the necessity of human discretion in legal decisions and explores the potential for AI to develop discretion through advanced machine learning. Transparency and fairness are emphasized, addressing the challenges of algorithmic bias, data quality and the “black box” problem. The chapter advocates human oversight, bias detection and legal frameworks to ensure accountability and public trust in AI-assisted decisions. It concludes by recognizing the societal role of human judges and the need for a balanced approach that integrates AI’s strengths with human judgment to achieve a fair and efficient judicial system.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.