PhilArchive
open access
Transparency as Constraint: The Reasoning-Cost Effects of a Dual-Track Judge–AI Adjudication System — An Institutional Reconstruction Based on “Mandatory Input” and “Full-Process Disclosure”
Judicial discretion (free evaluation of evidence) is both a core value of judicial independence and an institutional breeding ground for abuse of discretion. Any oversight mechanism that attempts to “prevent” the abuse of judicial discretion faces an inherent contradiction: the more forceful the oversight, the greater the threat to judicial independence. This paper does not attempt to resolve this contradiction; instead, it proposes a “weak-constraint” path—imposing a “structural cost” on judges’ reasoning behavior through a dual-track judge–AI adjudication system, without adding any new disciplinary power. This paper designs two core institutions: “mandatory input of valid evidence into the AI system” and “full-process disclosure of AI input information.” Together they require that a judge’s deviation from the AI’s conclusion face a structured reasoning requirement at the level of the individual case; that the cumulative nature of case-by-case public data give rise, in the public domain, to a de facto reasoning-style profile reconstructible by third parties; and that the deviation threshold itself be subject to independent technical verification. This paper candidly acknowledges that this mechanism creates no new disciplinary power, cannot deal with extreme cases of judges who are entirely indifferent to professional reputation, and cannot fully guard against formally compliant reasoning packaged by generative AI. But its institutional goal is not to “catch abusers of power,” but to “make the abuse of power more costly and more visible.” Through the transparency and verifiability of information, and while preserving judicial independence, it forms a continuous but gentle institutional constraint on the abuse of judicial discretion.
Conceptio Open Archive
Analyze & explore related research in Conceptio
Connect this record directly into your research workflow or AI agent. Explore citations across open repositories, query full text, and export structured proof bundles.
This document is indexed with metadata only: full text is not available in the archive for this record. Open the official source ↗
Related documents
- Deepfakes in Court: How Judges Can Proactively Manage Alleged AI-Generated Material in National Security Cases#451751
- Why a Large Language Model cannot explain itself: Explanation, Justification and Artificial Intelligence in Legal and Administrative Decision-making#695274
- Moral transparency of and concerning algorithmic tools#225426
- An arugmentation framework for contested cases of statutory interpertation#776163
- WHEN AI CONSTITUTIONS SPEAK AGAINST THEMSELVES: The First Charter Screen, Measuring Whether AI Governance Documents Resolve Their Own Conflicts#692600
Record · ID 726937
Retrieved via Conceptio: every document is proof-bundled with source, license, and retrieval metadata.
Retrieved via Conceptio: every document is proof-bundled with source, license, and retrieval metadata.
Bring this data into your agent: Connect via MCP or API · 20 free credits to start · no card required
Read the Docs → · View CLI source on GitHub · Conceptio Open Knowledge Archive
Read the Docs → · View CLI source on GitHub · Conceptio Open Knowledge Archive