Algorithmic Justice and Human Rights: Structural Risks and Emerging Regulatory Frameworks

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Authors: Geofredo Ángulo López
Cited by: 0

Abstract

The incorporation of artificial intelligence (AI), particularly large language models (LLMs), into judicial processes poses unprecedented challenges for the protection of human rights, especially regarding privacy, informational self-determination, and algorithmic transparency. This article introduces the concept of the “Hermes judge” as a normative and interpretative model capable of articulating the technical rationality of automated systems with the principles of the constitutional rule of law. Through a critical analysis of international regulatory frameworks—such as the GDPR, the European Union’s AI Act, and the FAIR principles—regulatory gaps, structural biases, and decision-making opacity are identified. In light of these risks, ethical and regulatory guidelines are proposed to ensure that AI functions as a cognitive aid, supporting tasks such as argument generation, precedent identification, and case summarization, without replacing hermeneutic judgment or compromising human dignity. From a functional perspective, Judge Hermes critically mediates between automated decision-making and fundamental principles of law, safeguarding judicial deliberation and the human dimension of justice.

Fields of Study & Subjects

Artificial Intelligence in Law Ethics and Social Impacts of AI Digitalization Law and Regulation

Publication details

Journal / source
The Age of Human Rights Journal
Issue
26
Pages
e9985–e9985
Publication date
9 February 2026
Language
EN