Dialettica processuale e intelligenza artificiale. Il problema del metodo

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Authors: Paolo Moro
Cited by: 0

Abstract

This essay explores the methodological challenges raised by the integration of artificial intelligence into criminal procedure. It critically contrasts the analytical logic underlying AI systems, rooted in deduction and induction, with the dialectical logic that characterizes judicial reasoning, grounded on dialogue and on adversarial system. By retracing the philosophical and legal tradition from classical dialectics to the guarantees of fair trial, the author argues that algorithmic reasoning cannot replace the argumentative and dialogical nature of judicial decision-making. The text finally advances the model of a "hybrid justice", where legal professionals and AI tools interact, provided that human control, transparency, and the centrality of dialectical reasoning remain preserved.

Fields of Study & Subjects

Artificial Intelligence in Law Legal processes and jurisprudence Ethics and Social Impacts of AI

Publication details

Journal / source
Padua Research Archive (University of Padova)
Publication date
1 January 2026
Language
IT
Document type
Book chapter