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Potential of Precedent in the Statutory Legal Order

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Edited By Leszek Leszczyński, Bartosz Liżewski and Adam Szot

This book is devoted to various aspects of the potential of precedent as a legal category and the precedential practice as an element of the law in statutory legal orders. It presents a complex approach to the problems involved in precedential practice, including its theoretical consideration and generalization of the practical use of prior judicial decisions as precedents (based on the observation of Polish and European judicial practice) as well as comparative and prospective remarks dealing with the role of precedents in the statutory law order.

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Aleksander Jakubowski: Precedent Argumentation and Settled Case Law Argumentation in the Context of Technological Development of Artificial Intelligence1

Precedent Argumentation and Settled Case Law Argumentation in the Context of Technological Development of Artificial Intelligence1

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Aleksander Jakubowski

Abstract: The paper discusses the changes in the global model of application of law in the light of the potential developments of precedent argumentation and settled case law argumentation caused by the use of artificial intelligence (AI). Similarities between the settled case law argument and the classical precedent model provide a space for convergence which will result from the widespread – as it is anticipated – use of the AI software. In both types of legal systems AI will draw conclusions as to the content of applicable law, based on analysis of previous case law. AI will alter the judiciary factors, replacing the previous case law and doctrine practice in common law and statutory law systems with a new, universal method. The role of a lawyer will not be to independently interpret the law and substitute the factual condition against the hypothesis of a particular rules, but to supervise the reasoning carried out in this respect by AI from the perspective of human values (the axiological-humanistic perspective). The courts of higher instance will be exposed as those that fill the system with axiology and human sensitivity, modifying thereby the work of AI based on their case law. Development of AI will most probably result in homogenization of the models of application of law, the works of lawyers and the systems of administration of justice, as well as in change of the role of judiciary. As it seems, a new unified model of application of law will be of...

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