Artificial Intelligence and the Production of Judicial Truth

Abstract

The aim of this paper is to present artificial intelligence (AI) as an organ with a role in the production of judicial truth, expanding its objects, changing its procedures and reshaping the distribution of agencies within the judicial organism. To this end, it builds on Michel Foucault’s work on the procedures of truth production and the three subject forms involved: operator, spectator and object. This is then complemented by the general organological perspective proposed by Bernard Stiegler. On the basis of both, we will demonstrate two realities: first, that AI is shifting truth production from the individual to the profile, and second, that the types of associations that AI is forming have the potential to curtail human agency in the production of judicial truth.