Prediction, persuasion, and the jurisprudence of behaviourism
Bibliographic Data
| ID | 10853149 |
|---|---|
| Authors | Frank Pasquale (corresponding author), Glyn Cashwell (Engineering Systems (United States)) |
| Year | 2018 |
| Volume | 68 |
| Issue | supplement 1 |
| Pages | 63-81 |
| Publication date | 2018-01-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | University of Toronto Law Journal (JOURNAL) |
| Journal identifiers | ISSN: 0042-0220 • E-ISSN: 1710-1174 |
| Publisher | University of Toronto Press Inc. (UTPress) (PUBLISHER) |
| DOI | 10.3138/utlj.2017-0056 |
| OpenAlex | W2768011231 |
| Language | EN |
| Citations received | 8 |
| References cited | 1 |
There is a growing literature critiquing the unreflective application of big data, predictive analytics, artificial intelligence, and machine-learning techniques to social problems. Such methods may reflect biases rather than reasoned decision making. They also may leave those affected by automated sorting and categorizing unable to understand the basis of the decisions affecting them. Despite these problems, machine-learning experts are feeding judicial opinions to algorithms to predict how future cases will be decided. We call the use of such predictive analytics in judicial contexts a jurisprudence of behaviourism as it rests on a fundamentally Skinnerian model of cognition as a black-boxed transformation of inputs into outputs. In this model, persuasion is passé; what matters is prediction. After describing and critiquing a recent study that has advanced this jurisprudence of behaviourism, we question the value of such research. Widespread deployment of prediction models not based on the meaning of important precedents and facts may endanger the core rule-of-law values
Analytics · Data science · Epistemology · Jurisprudence · Meaning (existential · Persuasion · Political science · Predictive analytics · Software deployment · Artificial Intelligence · Artificial Intelligence in Law · Computer Science · Law · Law, Economics, and Judicial Systems · Legal Education and Practice Innovations · Philosophy · Psychology · Social Psychology
Risk and danger in the introduction of algorithms to courts
Continuities and disruptions in the National Council of Justice’s strategy of AI implementation in Brazil
Contested delegation
Justitia ex machina
Predicting risk in criminal procedure
Automation in social security
Introduction
Human Judgment in algorithmic loops
| Unique citing works | 8 |
|---|---|
| Citations per year | 1 |
| Citation span | 2018 - 2024 (7) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 8 |