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Autonomous Decision-Making as a Challenge for Legal Research

Klaus Heine

Journal of Institutional and Theoretical Economics2025https://doi.org/10.1628/jite-2025-0026article
AJG 2ABDC B
Weight
0.37

Abstract

In this contribution, the challenges that autonomous decision-making (AI) poses for law is approached by a review of the so-called accountability gap. To get a better understanding of the fundamental problem that economic analysis of law has with autonomous decision-making, different routes for solving the problem are scrutinized. The analysis shows that the toolbox of Law and Economics does not yet provide a clear answer. Doctrinal law can also give no conclusive answers. Instead, this contribution proposes taking a closer look into legal history. The recourse to legal history can neither replace theory, nor can legal rules from the past be transplanted to the present. Yet, a look into legal history can provide fresh ideas on how to deal effectively with the challenges of autonomous decision-making.

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https://doi.org/https://doi.org/10.1628/jite-2025-0026

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@article{klaus2025,
  title        = {{Autonomous Decision-Making as a Challenge for Legal Research}},
  author       = {Klaus Heine},
  journal      = {Journal of Institutional and Theoretical Economics},
  year         = {2025},
  doi          = {https://doi.org/https://doi.org/10.1628/jite-2025-0026},
}

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Autonomous Decision-Making as a Challenge for Legal Research

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Evidence weight

0.37

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.16 × 0.4 = 0.06
M · momentum0.53 × 0.15 = 0.08
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.