Templated from AI, JUDICIAL AUTHORITY AND CONSCIENCE
Abstract
This paper argues that UK law excludes AI from exercising judicial authority. The Promissory Oaths Act 1868 and the Oaths Act 1978 require every judge to swear an oath that binds the conscience. That requirement remains positive law. An entity without interiority cannot satisfy it. The paper proposes a Trinity of Jurisdiction test: physical presence, rational mind, and interior conscience capable of moral binding. AI fails the third element. Dennett's functionalism, the strongest philosophical counter, is addressed and answered. The paper further contends that institutional practice is weakening the same requirement in human judges. Drawing on Weber, the marginalisation of equity, and the Post Office Horizon scandal, it diagnoses a drift from conscience-bound judgment toward procedural rationality. The statutory barrier holds. Whether the profession reclaims what the oath demands is now the question. This is not an obituary for law, but a call sounded from
Fields of Study & Subjects
Artificial Intelligence in Law
Literary and Philosophical Studies
Digitalization
Law
and Regulation
Publication details
- Journal / source
- OSF Preprints (OSF Preprints)
- Publication date
- 27 February 2026
- Language
- EN
- Document type
- Preprint