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The black box problem revisited. Real and imaginary challenges for automated legal decision making
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The black box problem revisited. Real and imaginary challenges for automated legal decision making
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Journal Article
The black box problem revisited. Real and imaginary challenges for automated legal decision making
2024
Overview
This paper addresses the black-box problem in artificial intelligence (AI), and the related problem of explainability of AI in the legal context. We argue, first, that the black box problem is, in fact, a superficial one as it results from an overlap of four different – albeit interconnected – issues: the opacity problem, the strangeness problem, the unpredictability problem, and the justification problem. Thus, we propose a framework for discussing both the black box problem and the explainability of AI. We argue further that contrary to often defended claims the opacity issue is not a genuine problem. We also dismiss the justification problem. Further, we describe the tensions involved in the strangeness and unpredictability problems and suggest some ways to alleviate them.
Publisher
Springer Nature B.V
Subject
