Artificial intelligence between regulation and symbiotic approach: a comprehensive legal review

This article provides a critical review of the research presented in the volume edited by Antonio Incampo and Nicola Triggiani, titled Giudizio penale e intelligenza artificiale. Una riflessione sistemica situating it within the broader debate on artificial intelligence (AI) as a socio-technical and normative transformation. The objective of this article is to analyse how AI, understood not merely as a technological tool but as a cultural and epistemic force, reshapes legal reasoning, institutional decision-making, and the foundations of responsibility and autonomy. The article examines the dual trajectory characterising contemporary AI governance: on the one hand, the emergence of comprehensive regulatory frameworks—most notably the EU AI Act with its risk-based approach; on the other, the growing theoretical shift toward human-centred and symbiotic AI paradigms that reject fully autonomous models in favour of cooperative human–machine interaction. The main findings highlight persistent gaps between computational logic and legal experience, particularly in the administration of criminal justice, where algorithmic systems influence the assessment of evidence, decision-making processes, and procedural guarantees. Drawing on the interdisciplinary contributions collected in the volume, the analysis highlights the limitations of efficiency-driven automation and the risks posed to fundamental rights when AI is deployed without adequate institutional, ethical, and organisational safeguards.