Faculty of LawComenius University Bratislava

Functional analysis as a driving force for the implementation of AI in legal practice GUK

About the project

GUK 2026

Functional analysis as a driving force for the implementation of AI in legal practice

Number of the project: UK/1233/2026

Responsible Investigator: Mgr. Jakub Vanacký

 

The project examines the use of value-laden concepts - above all the concept of “freedom” in judicial reasoning in so-called “hard cases”. It follows up on the finding that such concepts are often used loosely. The problem arises when the parties or the court treat them as axiomatic (as “truths” that are not argued for), which leads to vague reasoning and may reduce the perceived impartiality and fairness of the decision. A possible solution lies in further development of method of functional analysis. This method distinguishes between basic (appropriate) and axiomatic (vague) functions of concepts and allows for more empirically grounded qualitative as well as quantitative research. An open question is whether this method could also serve as a basis for artificial intelligence tools that could be used in practice within the judiciary. If workable AI applications can be identified, functional analysis could be further advanced and promoted as a new method of jurisprudence, suited for the new technologies of our current era. The project’s aims are: to conduct a philosophical inquiry across different definitions of freedom; to identify a suitable statistical method (or methods) for quantitative analysis; and last, but not least - to outline possible uses of functional analysis for AI in the judiciary.