Intelligenza artificiale e professioni legali. La questione del metodo

The need to embrace technological innovation and to introduce artificial intelligence into legal professions is undoubtedly necessary, but it risks being naive if it does not take into account an essential methodological dissonance. Even with the advent of the inductive and statistical paradigm, computer models and artificial intelligence systems depend on the analytical method, which is hypothetical and monologic, while the legal methodology is based on a dialectical procedure, which is anhypothetical and dialogic. Ethics and law must resolve conflicts through choices that involve complex analyzes that are only partially traceable to computational activity, often demanding deep reflection and decision-making skills in uncertain and ambiguous situations. The hybrid jurist is destined to use ever more evolved systems of documentary legal informatics and artificial intelligence, with the consequence that the legal professional’s performance will have to deal not only with the analytical model, on which digital technologies are based, but also with dialectical methodology, which specifically characterizes legal experience.