The Dilemma And Outlet Of Legal Artificial Intelligence From The Dispute Between Natural Law And Positivism

"Everything can be calculated,even philosophical controversy." Based on the feasibility of the legalization of the digitalization of legal relationships,the division between speculative logic and mathematical logic has gradually narrowed.With the help of logical calculation and symbolic procedures,law can be expressed.Thanks to the similarity and isomorphism of formal reasoning and artificial intelligence logic,legal artificial intelligence based on positivism is becoming more and more mature.People are beginning to realize that there will be a fruitful combination between artificial intelligence and law,and they are optimistic about artificial intelligence.The great potential in the application of law,and therefore a lot of research and attempts,even scholars boldly predicted that legal artificial intelligence will dominate judicial practice in the next 20 years.Judging from the judicial practice of various countries,the combination of artificial intelligence and law has fully demonstrated the feasibility of its application in judicial technology.What is more gratifying is that the application of artificial intelligence in law has significantly improved judicial efficiency and has also brought Many innovations are coming.However,with the continuous deepening of artificial intelligence in legal practice,we can more and more clearly see that the openness of legal norms and the construction of legal facts make it show huge technical limitations in judicial practice and expose Serious formalization and mechanization issues have ushered in new propositions and challenges.Formal justice and substantive justice are the basic forms of justice.Formal justice pursues the objectivity and stability of law,emphasizing the independent value of form and visible justice.Although substantive justice is invisible,it exists in natural law and social morality.In the concept,if the legal artificial intelligence blindly pursues formal justice,it will inevitably make the law dull and impersonal.The development of legal artificial intelligence cannot always stay at the technical level and only succumb to formal justice.The pursuit and torture of "true justice".The ultimate pursuit of legal goals must not only be the logical extension and self-consistency of one's own logic,but also should pay attention to the spiritualconnotation and value pursuit carried by the law itself.To solve the formal and mechanized crisis of legal artificial intelligence,it is necessary to regard substantive justice as a new justification basis,and to find overlapping consensus in the game of form and substance.The division of labor and operation mode with legal artificial intelligence can make legal artificial intelligence play a greater role in judicial practice and realize the coordinated development of human and artificial intelligence.