Laws and Empathy: Human Exclusively or AI Simulable Path?
Laws are essentially established rules within a society to organize and preserve the common good. Their nature has not always been the same, and until a few centuries ago, they were often based on cultural or religious beliefs. Only in more recent centuries have laws become more rational and objective.
But how did the general legislative concept come about? Can it be said that empathy was the basis for the origin of laws?
Empathy is the ability to understand and share the emotions of others and is a key element of humanity. It has been studied by many philosophers, psychologists, and neuroscientists, and the importance attributed to it is significant. It allows each individual to develop their own moral sense and identify what is considered right and wrong, being quite different (without going into further detail) from forms of pity or favoritism.
Although each nation has its own legal code, there are, however, a set of "universal" laws that have been developed over time and different cultures. These laws relate to the protection of an individual's fundamental rights, such as the right to life, freedom, and health.
But how did humans establish these universal laws? A type of syllogism such as:
1 --> feel discomfort for a particular pain
2 --> not wanting to experience that pain
3 --> develop empathy towards those who have experienced, are experiencing, or will experience the same pain as me
4 --> formulate a law where that type of pain is avoided
is not a random syllogism, that is, one's personal experience leads to developing empathy towards others who may find themselves in my same condition. The ability to generate such thoughts that are perfected into feelings is an important source of moral knowledge, as it allows us to identify what is right or wrong.
This awareness was essential in the early stages of human civilization, where it probably constituted the basis of customary law: an attempt to imitate what was considered right or respectable, regardless of whether it was written on some code or could conflict with natural selection itself. This allowed for the development of a universal ethic of respect for others and human dignity.
Empathy, as a universal moral value, has therefore actually been incorporated into our modern laws. Many laws were initially developed to protect the rights of less fortunate individuals, such as protected categories or individuals affected by particular diseases. Over time, these laws have been expanded to include a wide range of rights, such as those of workers, consumers, and even other animal species.
Today, the law has become more rational and objective. There are more and more laws that have been created to protect the equality of all individuals, regardless of gender, age, or race, with the ultimate goal of protecting the common good, through the protection of individual rights and the application of justice.
But what would happen if we knew beforehand what is right and what is not, inserting these principles into an algorithm or an artificial intelligence? Would there still be a need for empathy to formulate rational laws that work for the entire society?
This is a question that leads us to a deep consideration of the essence of human nature. Of course, AI could create objective laws that are in line with justice, but would they be enough to ensure that an individual is treated with respect and dignity? Without empathy, can we be sure that artificial intelligence can develop a law that takes into account the needs and rights of people, even the most vulnerable ones? It could provide a source of moral knowledge that could enable us to create a society based on respect and inclusion and promote peace and social stability.
Since there are already virtual lawyers based on AI algorithms or projects that can represent tools of supervision and comparison for the political class today, where is the limit between human sentiment and artificial algorithms in the formulation of a legal system?
The answer lies in the future and in the "modus operandi" that will arise from such algorithms that we will face (hoping in no longer "science-fictional" times).