This essay explores the methodological challenges raised by the integration of artificial intelligence into criminal procedure. It critically contrasts the analytical logic underlying AI systems, rooted in deduction and induction, with the dialectical logic that characterizes judicial reasoning, grounded on dialogue and on adversarial system. By retracing the philosophical and legal tradition from classical dialectics to the guarantees of fair trial, the author argues that algorithmic reasoning cannot replace the argumentative and dialogical nature of judicial decision-making. The text finally advances the model of a "hybrid justice", where legal professionals and AI tools interact, provided that human control, transparency, and the centrality of dialectical reasoning remain preserved.
Dialettica processuale e intelligenza artificiale. Il problema del metodo
Paolo Moro
2026
Abstract
This essay explores the methodological challenges raised by the integration of artificial intelligence into criminal procedure. It critically contrasts the analytical logic underlying AI systems, rooted in deduction and induction, with the dialectical logic that characterizes judicial reasoning, grounded on dialogue and on adversarial system. By retracing the philosophical and legal tradition from classical dialectics to the guarantees of fair trial, the author argues that algorithmic reasoning cannot replace the argumentative and dialogical nature of judicial decision-making. The text finally advances the model of a "hybrid justice", where legal professionals and AI tools interact, provided that human control, transparency, and the centrality of dialectical reasoning remain preserved.Pubblicazioni consigliate
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