Extract
[...] In other words, our examination will approach AI (artificial intelligence) through the African legal space. Such an option is explained for two reasons: first, because Africa itself is a miniature legal universe because it is the receptacle of a plurality of legal systems.4; Next, because any thought, even legal, must start from itself - from its reality - before externalizing in a universalist impulse. From then on, it will be up to us, in the course of our argument, to demonstrate that even if the African continent is open to change and is a bearer of ambitions and that AI is an achievement whose importance cannot be ignored, the reception of this in Africa by the legal universe should only take place 'under inventory benefit'. [...]
[...] Subject : Artificial Intelligence and the Legal Universe. Man, in his struggle against the "injuries of time", has an unchanging readiness to improve, per se, the technical and technological tools necessary for his approach to reality. Inscribed in his DNA, the need for mutation has never, however, put him in the face of such challenges as those presented by artificial intelligence. Born from socio-economic paradigms, artificial intelligence seems to be extending to all areas of life (work, education, healthcare, transportation, surveillance of public spaces, law enforcement, mediation of information on social media platforms, etc.) and, moreover, is imposing itself on all professions, even those that were thought to be insurmountable1. [...]
[...] The designation of AI as 'predictive justice' seems paradoxical because its prediction is based on statistics derived from real but past events. Thus, despite its perspicacity in determining the disadvantages that may arise from a trial or the chances of coming out on top, it is clear that it is also a generator of unfortunate situations. Indeed, made up of algorithms based on previous case law and new facts, artificial intelligences reproduce choices pre-established by their designers. What if the designer has prejudices against an existing community? [...]
[...] Apart from this reception with a utilitarian and economic vocation, the reception of AI is also essential for the needs of a good administration of justice. A necessary reception of AI for speed in the administration of justice The reception of artificial intelligence in Africa could be delicate, when considering the 'archaic' or traditional methods that seem to still dominate the deployment of its judicial systems. Indeed, we are still witnessing, under our skies, the observation of certain judicial institutions that tend to rely on local knowledge - not to say sorcery - in the settlement of disputes and penal proceedings9. [...]
[...] Comparable to a company in bankruptcy, the reception of AI by the African judicial apparatus would tragically lead to its liquidation. Given this, an opportunistic reception of artificial intelligence should facilitate the knowledge of the rule of law by citizens. For an AI annihilator of the ignorance of the law by citizens Subjects of an 'offshore' law13, litigants in Africa, particularly those who speak French, are victims of ignorance of the rules that are supposed to govern their actions. An anthropological approach would have as its postulate to confirm the assertion that the peoples of Africa are governed by a foreign law to their common reality and their imagination. [...]
