Grzegorz P. Mika (AI Transparency Institute) and Eva Thelisson (same) have posted “Application of Swiss Private Law by AI” on SSRN. Here is the abstract:
The current debate on the deployment of Artificial Intelligence (AI) in the judicial process raises the question of how humans apply the law, and if AI can be of use in this process. Similar to other legal systems, Swiss private law provides for explicit rules and guidance prescriptions as to its own application, which judges have to apply in the decision-making process. These rules for instance mandate the inclusion of meaning, as opposed to wording, of any statute. These rules also prescribe the way of ruling in the absence of statute. These rules command good faith as well as equity to construe and sometimes to limit or deny rights and duties at stake. Good faith in particular governs the rules and principles of interpretation of contracts and other expressions of intent in private law. Equity is meant to serve as guidance to apply openly or broadly formulated statutes. AI would also have to observe these rules and principles of application of the law. This article aims at assessing whether AI systems could comply with these rules of judicial ruling.