법학과 과학의 공진화를 위한 인공지능 법철학

The goal of this article is to diagnose the phenomenon brought about by the latest artificial intelligence algorithms and analyze how our society and legal culture will change as a result. Again, because artificial intelligence algorithms go beyond replacing human hands and feet and are replacing the brain, their impact cannot be simply compared to the changes brought about by the industrial revolution in the past. I consider the change essential and revolutionary. In order to properly see the impact of artificial intelligence, which is causing innovative changes in our lives and the structure of society, we must understand the nature of the scientific and technological development that supports the development of artificial intelligence. We must also examine what implications the development of science and technology, including artificial intelligence, has on the legal system and jurisprudence. In this article, I first introduced naturalism that emerged in the development of natural science. Naturalism takes the view that the human mind is not separate from the physical and chemical processes of the brain. There is strong criticism of the old dichotomy between mind and body. Then, the hypothesis arises that the mechanical action of artificial intelligence will not be qualitatively different from the human mental action. It is also possible to predict that, unlike the brain, which has limited capacity, the invention of machines that can greatly expand the units and levels that play the role of neurons and synapses will lead to the emergence of artificial intelligence that surpasses the capabilities of the human brain. With the development of natural science, some social sciences, such as psychology, economics, or even law, are being challenged or transformed. However, it was explained that even within the scientific community, there are various opinions regarding the nature and function of science and the significance of scientific discoveries. So, natural science alone is not yet at the stage where it can explain human activities or all phenomena in the natural world. And even if natural science becomes highly advanced and the reality of the mind, life, or material phenomena we know is revealed one after another, there will still be work for jurisprudence to do. Since law is a natural study, it must go beyond simply describing natural phenomena and propose ways to organize society, maintain communities, and establish relationships between people based on that foundation. However, as seen in the development of science and artificial intelligence technology, our society is not static and is changing busily every day. Facts we once knew as stereotypes are changing with scientific discoveries. It can be said that it is the job of legal scholars to learn more about the progress of new science and the formation of world views and universe views and to construct an orderly and contradiction-free legal system based on this.