Digital Application of Law: System Design and the Concept of Justice

As technology continues to change nearly every part of our lives, it’s also making its way into legal processes. Julia Köhler-Olsen looks at the experience of Norway’s welfare agency, NAV, where digital systems now assist in making certain decisions. The goal is clear: make processes faster and more efficient. But the big question remains: Can we ensure justice and fairness when technology takes a front seat in making choices that affect people’s lives?

The shift toward automation makes sense for routine tasks, like verifying basic eligibility criteria. But when it comes to sensitive decisions, such as deciding on someone’s welfare benefits, there’s still a need for human judgment. Norway’s approach, in regards to NAV, is to combine the two: they let machines handle the simple checks, but leave the high-stakes decisions to caseworkers This balance maintains efficiency while respecting the nuances that machines might miss.

One of the biggest concerns is fairness. Legal principles require more than just logic; they demand empathy and a sense of justice – qualities that aren’t easy to code. Philosopher Gustav Radbruch highlighted that fairness means considering the individual circumstances in each case, something automated systems aren’t yet equipped to do on their own. Without human insight, there’s a risk of decisions feeling impersonal or, worse, unfair.

Trust is also key. In Norway, people generally trust digital systems, but that trust depends on transparency. People need to know that systems are reliable, fair, and, most importantly, accountable. No one wants to feel like they’re at the mercy of a machine with no room for discussion or appeal.

The challenge, then, is finding the right role for technology in areas as sensitive as welfare decisions. When done right, digital tools can help speed up services without losing sight of fairness. But as we hand over more responsibilities to technology, it’s essential to ensure that justice and empathy aren’t left behind.

Read the full article in Norwegian here: Digital Application of Law: System Design and the Concept of Justice

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