Neuroevolucionismo y deep machine learning: nuevos desafíos para el derecho

Abstract

This article aims to offer an approximation to the possible problems of the AI in the field of the methodology of Law. It will be analyzed how the Legal Expert Sistem contribute to the juridical practice, but, in other sense, how they are unsatisfactory to comprise the legal reasoning. In fact, this paper shows the history and evolution of the AI, specially displaying the evolution of the artificial neural system and the method of machine learning. The goal of this writing is to observe the methodology of the modern system of legal argumentation and modern Legal Expert System based on this evolved AI and in the conception deductive of the legal reasoning. In addition, it will be exposed the tries to extend the concept of person to the intelligent machines and the impossibility of this analogy, because the human intelligence is not only logical but emotional and ethical too. It will be analyzed the influence of the logical studies in the field of the AI systems and their insufficiency to explain the singularity of the legal practice, consequently the deficiency of the AI built above these kind of studies. This work defends that the determination of what is fair is essentially a prudential job of reasoning about facts and norms, where the individuality of the facts, proofs and values direct our good sense and will in order to find the fair. In another way, this determination of what is fair is inconceivable without a dialectical and legal trial, where the subjects present their arguments in accordance with their aspirations.