Il deficit fronetico dello “Jus ex machina”

Abstract: The Phronetic Deficiency of “Jus ex Machina”
In 1666, Leibniz prophetically hypothesized that in the future, in the face of a dispute, the parties could sit down and resolve it with a calculation. In 2017, a study by the Universities of London and Sheffield developed an algorithm capable of predicting the decisions of the ECHR with a degree of accuracy of 79%. In the face of the realization of Leibniz’s prophecy, we must ask ourselves whether a calculating entity, an artificial intelligence, could replace human’s judgment. The need therefore arises to go back to the necessary conditions for the ability to judge law. Conditions that we believe are of two types: epistemic and phronetic.