“Merciful Justice” and the Challenges of Posthumanism in Legal Philosophy: Some Comments on the Criterion for Evaluating Technological Progress in the Criminal Justice System

Abstract: “Merciful Justice” and the Challenges of Posthumanism in Legal Philosophy: Some Comments on the Criterion for Evaluating Technological Progress in the Criminal Justice System
The study considers criteria for the development of artificial intelligence in the legal system.
The author argues that the criterion for assessing the application of technological developments in law should not be traditional, mostly retributive concepts of justice. Instead of traditional approaches to criminal justice, a more authoritative criterion for the development of the use of artificial intelligence in law should be the concept of “merciful justice,” which the author reconstructs using a clique of relevant contemporary works on the topic of mercy. “Merciful justice” is in line with human-centred criminal law, particularly in relation to human values and the role of humans in the legal system, which poses a major challenge for post humanist research into the integration of technologies such as artificial intelligence into the criminal justice system.