Il giudice e l'estraneo. Spigolature su intelligenza artificiale, giudizio e soggettività

This article aims to analyse some arguments frequently deployed by legal theorists to approach the problem of utilising AI technologies in judicial evaluation. I will show that such arguments tend to cling on an implicit (where not explicit) reference to the question of subjectivity: in other words, jurists often put forward the problem of distinguishing between human subjects and artificial entities, but seem unable to solve it in the last resort. To conclude, I will contend that the relationship between the human judge and AI might be profitably understood through reference to Waldenfels' phenomenology of the 'alien'.