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Francesco Contini (editor) - The Circulation of Agency in E-Justice: Interoperability and Infrastructures for European Transborder Judicial Proceedings (Law, Governance and Technology Series, 13)

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Francesco Contini (editor) The Circulation of Agency in E-Justice: Interoperability and Infrastructures for European Transborder Judicial Proceedings (Law, Governance and Technology Series, 13)
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This book contributes to an understanding of the dynamic complexities involved in the design of e-justice applications that enable online trans-border judicial proceedings in Europe. It provides answers to critical questions with practical relevance: How should online trans-border judicial proceedings be designed in order to deliver effective and timely justice to European citizens, businesses and public agencies? How can the circulation of judicial agency across Europe be facilitated? Based on extensive research, the book explores and assesses the complex entanglements between law and technology, and between national and European jurisdictions that emerge when developing even relatively simple e-services such as those supporting the European small claims procedure and European payment orders. In addition to providing a strong theoretical framework and an innovative approach to e-justice design, this book includes case studies that are based on a common methodology and theoretical framework. It presents original empirical material on the development of e-government systems in the area of European justice. Finally, it introduces the design strategies of Maximum Feasible Simplicity and Maximum Manageable Complexity and, based on them, it proposes architectural and procedural solutions to enhance the circulation of judicial agency.

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Book cover of Advanced Artificial Intelligence and Robo-Justice Georgios I - photo 1
Book cover of Advanced Artificial Intelligence and Robo-Justice
Georgios I. Zekos
Advanced Artificial Intelligence and Robo-Justice
Logo of the publisher Georgios I Zekos International Hellenic University - photo 2
Logo of the publisher
Georgios I. Zekos
International Hellenic University, Serres, Greece
ISBN 978-3-030-98205-8 e-ISBN 978-3-030-98206-5
https://doi.org/10.1007/978-3-030-98206-5
The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022
This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use.
The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.

This Springer imprint is published by the registered company Springer Nature Switzerland AG

The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

To my lovely wife

& to my son

-

Preface

Artificial intelligence has become a new engine for economic growth. Artificial intelligence systems will be able to solve problems whose scale and complexity are beyond human capabilities. The advanced development of artificial intelligence opens up new perspectives also to the judiciary. The struggle of deciding when machines deliver a reliable answer is still a key frontier for the correct application of AI systems. ODR increases access to justice. Moreover, ODR is a digital space where parties work out a resolution to their dispute.

The technical and economic benefits of AI are counterbalanced by legal, social and ethical issues. AI employed by people will not alter the conventional legal developments but an AAI will bring forward a codified and mathematical way of applying and augmenting law. Presently, there exists scepticism concerning an idea of assisting an arbitrator with AI, and even more by substituting a human arbitrator and judge with AI. AAI will vastly surpass the cognitive abilities of humans. In the first place, AI will become an assistant to arbitrators and judges and in the second stage AAI will replace human arbitrators and judges transforming the whole litigation and arbitration into an electronic automated process leading to e-judgements and e-awards issued by robo-courts and enforced by electronic means of AAI technology. In due time, the singularity of law will be imposed being implemented by AAI systems and AAI entities.

Georgios I. Zekos
Serres, Greece
01 December 2021
Contents
Part I Present Regulation of Courts and Arbitration and Their Paradox
Part II Courts and Arbitration in the Artificial Intelligence and Advanced AI Era
The Author(s), under exclusive license to Springer Nature Switzerland AG 2022
G. I. Zekos Advanced Artificial Intelligence and Robo-Justice https://doi.org/10.1007/978-3-030-98206-5_1
1. Introduction
Georgios I. Zekos
(1)
International Hellenic University, Serres, Greece

Globalization involves countries institutional structure by the diffusion of social values and individual value creation via interactions with wide range of backgrounds and nationality. Moreover, globalization procedure has been driven by political ideas, economic forces and new technology augmenting the speed but diminishing the cost of transportation and communication.

When a new technology is appeared to society, the law has to respond to the disorder technology generates but there is pacing problem and so the thought that law cannot keep pace with technology brings forwards a form of technological determinism wherein technology drives social structures and cultural values. Moreover, the law is catching up with technology but technology has not stood still. Also, AI and robotics as transformative technologies with critical qualities are more exceptional than those of cyberspace and other prior technologies. It could be said that if technology is the driving force of law, law will always follow technology and so technological revolution, embracing the relationships among technologies, their uses, and their relationship between them and people, instigates and influences social transformation.

Humans are technological animals and so humans mold their environment using the devices they invent and develop. Technology boosts human abilities by expanding labour efficiency at a given task and so intelligent systems attempt to imitate human-reasoning processes. Human-based systems are informatic systems, embracing software and hardware that use artificial intelligence techniques mimicking the processes of human reasoning, learning, memory, and communication. It is worth noting that policy-making no longer relies mainly on the exerted power of a single player, which has traditionally been the status and so governance effectuated by digital networks in general and by blockchain technology. In its place, interactions and societies are becoming progressively governed by networks encompassing a diverse set of public and private actors and so generating societal power in a networked system.

The field of artificial intelligence (AI) has seen remarkable technical developments bringing new economic and legal risks. The transferal from human decision-making to AI or hybrid humanAI decision-making systems modifies the policy landscape and so influencing social values. Also, there are integral flaws and risks of automation.

Via advanced artificial intelligence (AAI) techniques, machines will think as brains, and brains can be thought of as machines. One of the key characteristics of intelligent systems is the use of big data which is applicable to judicial decision-making procedures demanding extensive record keeping of the information produced during procedures to assure legitimacy.

Computer-based learning mimics human learning to some extent, although the latter encompasses emotional engagement and commitment permitting AI systems to achieve success in multifaceted and vague tasks such as image recognition, translation, radiological image analysis, and games. Machine learning generates a problem-solving algorithm that is then used in heterogeneous scientific applications and so there is a gradual transition from decision support using automation algorithms to areas linked to the quality of life. Moreover, the continuing digital transformation of the economy influences both the macro and micro level of all happenings in the field of digitalization. The digitalization disruption brings along new inequalities such as inequality in cyberspace connectivity, tech skills and affinity to digitalization influences AI-human-compatibility as a competitive advantage.

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