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Flat and formalistic approach in law
Pavlíček, Libor ; Maršálek, Pavel (referee)
Flat and formalistic approach in law Many processes in law take place automatically and through inertial force, without admitting one's free will and without encompassing values important to man (freedom, dignity, justice). The bearers of the process of automation in law are Machines (or Automats), i.e. tools ensuring primary legal certainty. However, in addition to the subpage of legal certainty, law also consists of the subpage of justice and effectiveness, which is not controlled by Automats, because their algorithms do not often reflect this subjective dimension in law. The trend of automation in law undoubtedly contributes to a number of improvements, however, there appear risks as well. Since the human soul cannot be programmed by Automats, it cannot be assumed that their decision-making, i.e. their output, will be fair and effective in all circumstances. However, in traditional approach in law this output is considered equal to a binding legal norm. As an example of Automat in the field of mobility the traffic lights may serve, in the field of state administration there are automatic forms or formulas, in the judiciary Automat is represented by a judge acting as a robot (subsumption automat), and artificial intelligence may be seen as the most sophisticated Automat of all. Automats are tools...
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