Technological developments that affect the world more and more each passing day have brought the diversity of humanity into a rapid change like never before. One of these technological innovations is artificial intelligence. The powerful access that emerged with the spread of the internet in the late 1990s and the ease of preparing these information records led to the emergence of the science of artificial intelligence and studies in this field are progressing rapidly. With artificial intelligence, technological innovations that can think like humans and make decisions on their own, as well as having the ability to establish and solve relationships and improve problems that people focus on, have begun to be operated by humanity. This situation makes people’s lives easier in every field and also offers many positive opportunities for innovations in the field of law.
Today, when it is discussed whether artificial intelligence can take on the role of a judge and decide on the merits of the dispute, we believe that artificial intelligence can be utilized as an auxiliary tool for the judge, although we think that it is too early for this and that there are always serious risks. Because the growth and length of the parts of the events taking place in the courts are directly proportional to the opportunity to access the dispute and the accumulation of information quickly and easily. In our age where data is very important, developments in artificial intelligence technology, which is the raw material data, can make very serious contributions to the acceleration and facilitation of events taking place in courts and the successful conclusion of a fair trial. In this context, checking whether the case conditions, the presence or absence of which are defined as necessary conditions for entering the merits of the case, are fully met with artificial intelligence from the very beginning will prevent the violation of the decision regarding the elimination of the deficiency or the rejection of the case on procedural grounds, and unnecessary suspension of the trial. Due to the public order characteristic attributed to the conditions of the lawsuit, it is not possible to examine the case on the merits without meeting these conditions.
At this point, checking the conditions of action by using artificial intelligence and informing the court in case of deficiencies will act as a filter before the case is examined on the merits. This is because it is not possible to start the trial of the case before the conditions of action are fully met, and at the same time, these conditions are taken into consideration ex officio by the court at every stage of the proceedings. The decision to be rendered in a case where the conditions for a lawsuit are not met will be contrary to both procedural economy and the law.
Artificial Intelligence Civil Procedure Law Data Bank Case Conditions Procedural Economy.
The use of artificial intelligence, which is a result of digitalization, is becoming widespread day by day in many sectors, especially in the communication, informatics, robotics, banking, finance, military, trade, education, automotive and health sectors. Artificial intelligence, a branch of computer science, was first used as a concept in 1956 at the Dartmouth Conference, and although it has been continuously tried to be defined since then, there is still no common and comprehensive definition that everyone agrees on. In the project proposal of John McCarthy and his friends within the scope of the preparation work for a research project to be organized at Dartmouth College in 1956, artificial intelligence was defined as machines that can perform operations that are characteristic of human intelligence, in other words, machines that imitate human intelligence. According to another definition, artificial intelligence is the re-creation of human intelligence processes by machines, especially computer systems, the creation of intelligent machines that can generally act and react like humans, and the ability of computers to perform tasks that involve human-like decision-making, intelligence, learned skills or expertise. As emphasized in the definitions, artificial intelligence refers to computer systems and software that have human-like intelligence and thinking abilities. Basically, it enables machines to analyze their environment, extract meaningful information from data, and make decisions and take actions using this information. While the term “Artificial Intelligence” is used in English sources and legal texts when talking about artificial intelligence, the abbreviations “Künstliche Intelligenz” KI are used in German sources and legal texts.
Developments in the field of artificial intelligence, which increases its impact at every stage of daily life, present different options in the field of trial law as in other areas of law. These options offered by technological developments can be in the form of facilitating and accelerating the procedures related to the trial procedure on the one hand, and on the other hand, they appear in the form of using artificial intelligence in the decision-making process.
Using artificial intelligence in the decision-making process, in other words, artificial intelligence assuming the dominant role and deciding on the merits of the dispute, carries ethical, legal and technological risks. Because it may not be possible or may be limited for artificial intelligence to take into account conscience, emotional and moral factors, society’s understanding of justice and ethical values in the decision-making process. In addition, leaving a decision that will provide legal peace and finally end the dispute to the statistical results of a machine that learns entirely from data poses risks in terms of data security and cybersecurity today. In this context, it would be more appropriate to use artificial intelligence as an auxiliary tool in more objective matters such as controlling the conditions of the case, rather than in the decision-making process where abstract human factors come to the fore.
The conditions of the case, which are defined as the conditions whose presence or absence is necessary for entering the merits of the case, are divided into two as the general conditions of the case listed in the HMK and the special conditions of the case included in individual laws.
Technology and digitalization, which are increasing their impact in every area of life every day, have offered humanity an important innovation called artificial intelligence. Artificial intelligence, which is considered a branch of computer science, can be described as the re-creation of human intelligence processes by machines and especially computer systems, and the production of intelligent machines that can generally act and react like humans, and the ability of computers to perform human-like decision-making tasks.
With the belief that it is too early to use artificial intelligence in the decision-making phase of the dispute in civil courts and that it always carries serious risks, artificial intelligence can be used as a tool to assist the judge. In this context, after scanning the relevant data sources in the modeling and learning phase, artificial intelligence will classify the case conditions, extract summaries from written texts, examine similar cases through intelligent search algorithms, and benefit from the data of previously rendered decisions. After the modeling and learning phase, the parties’ lawsuit and response petitions will be analyzed with the NLP text reading method, and decision support systems regarding the existence or absence of the case conditions will be created.