Templated from AI, JUDICIAL AUTHORITY AND CONSCIENCE

Read full text
Authors: brian kelly
Cited by: 0

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