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        <article-title>A Philosophical Approach to Judicial AI: The Role of Judgment in The Decision-Making Process</article-title>
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      <contrib-group>
        <contrib contrib-type="author">
          <string-name>Ilaria Iannuccilli</string-name>
          <xref ref-type="aff" rid="aff0">0</xref>
        </contrib>
        <aff id="aff0">
          <label>0</label>
          <institution>University of Rome Tor Vergata</institution>
          ,
          <addr-line>Via Columbia 1, Rome, 00133</addr-line>
          ,
          <country country="IT">Italy</country>
        </aff>
      </contrib-group>
      <abstract>
        <p>This paper examines the relationship between artificial intelligence and human decision-making processes through a philosophical lens. It evaluates how AI systems, while beneficial for enhancing moral reasoning and reducing biases, risk causing "deresponsibilization" - where users become passive executors rather than responsible agents. Drawing on Hannah Arendt's theory of judgment, L.A. Paul's concept of "transformative experience," Günther Anders' warnings about technology delegation, and Shannon Vallor's concerns about moral deskilling, the paper argues for maintaining human agency in AI-assisted ethical decisions. It specifically analyzes Judicial AI protocols that present multiple interpretations to users, preserving their reflective capacity and responsibility. Lastly, a simulated scenario highlights that while AI systems can aid in complex ethical dilemmas, humans must continue cultivating moral virtues through practice to avoid surrendering their moral agency and missing opportunities for personal transformation through independent decision-making.</p>
      </abstract>
      <kwd-group>
        <kwd>eol&gt;Judicial AI</kwd>
        <kwd>Judgment</kwd>
        <kwd>Transformative Experience</kwd>
        <kwd>Decision-Making Process</kwd>
      </kwd-group>
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      <title>1. Introduction</title>
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      <title>2. Arendt’s Concept of Judgment and Judicial AI</title>
      <p>Judicial AI is a protocol related to Frictional AI, in which “the AI system provides arguments and
explanations that support multiple, conflicting decisions or interpretations” [ 2]. In this case, I address to
the experiment lead by Fregosi and Cabitza that investigates “the textual generative setting in Judicial
protocol for sentence classification” [ 1]. This experiment shows that the use of a judicial protocol “in
human-AI interaction is expected to have a significant impact on the quality of decisions made by users,
in particular on perceived agency and control over their choices” [1]. The possibility to introduce a
moment of reflection, while all the available options are evaluated, is necessary to make the choice in a
fully responsible way. To be accountable of our choices means to be responsible: in Arendt thought
human responsibility and thinking are necessary in order to exercise judgement which is what drives
human action. Arendt’s theory of judgment, one of her most relevant elaboration, is a useful tool
because it deals with the fact that a person always finds themselves facing particular and contingent
situations, and to navigate them, they do not have general criteria already prepared. This is especially
true in the ethical field, where general principles are often not suficient to decide regarding concrete
cases [3]. Arendt’s notion of Socratic dialogue calls us to cultivate an inner dialogue with ourselves
in order to deal with otherness and to build our personal morality. In this sense, humans can be fully
conscious of their choices because they can take responsibility for their decisions and actions. It is
evident that in a decision-making process involving an AI system, the implementation of a protocol
such as that of Judicial AI is preferable, as it facilitates greater opportunities for the exercise of judgment
by asserting human agency.</p>
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      <title>3. Transformative Experience and The Risk of Moral Deskilling</title>
      <p>The application of AI systems, such as Artificial Moral Agents (AMAs) or Decision Support Systems
(DDS), in decision-making processes is becoming increasingly common in a wide variety of fields. As
Myers and Everett [4] state “AI systems are approaching a level of complexity that progressively requires
them to embody artificial morality”. Although the use of an AI system that shows a certain degree of
morality is now desirable, because it can function as a tool to help people resolve more complex moral
issues, the risk for users might result in a moral deskilling and in a loss of agency. Vallor states that
“moral skills are intrinsically valuable” [5] and humans must not lose these skills “even if intelligent
machines could somehow direct all human interactions to produce the most just, harmonious, and
compassionate outcomes possible” [5] because “we would be diminished as creatures were we utterly
helpless to act justly and compassionately without their assistance” [5]. In this sense, it is necessary
to continue cultivating our virtues and, therefore, our human skills in order to be held as responsible
agents. Virtues, indeed, “have to be cultivated through practice; we acquire virtues by doing; not by
mere wishing” [6]. In this regard, it is useful to report the analysis of the philosopher Anders who,
during the 1950’, highlighted a tendency among people to delegate their choices to a machine. He
states that human beings are ready to recognize an Electric Brain as a surrogate for their conscience
[7]. Out of this situation it comes a sense of humiliation for human beings that derives from the loss of
responsibility for their own choices. Indeed, when a person makes a choice or a decision this determines
a change in their life. Paul states that “making the choice in the right way is a way of taking charge
of your own life. Choices involve responsibility, and to choose responsibly, you need to assess how
your choice will afect the world and others in your life” [ 8]. Therefore, during the decision-making
process, we are responsible of our choices not only towards ourselves but also towards others, and
moreover, the changes that result from it may transform us in a radical way. This is what Paul calls
“transformative experience”[8]: it is a radical change that modifies the person that has made the choice.
Transformative experiences can be epistemically and/or personally transformative; in the first case
the experience transforms what we know and understand while in the second case it transforms our
personal and particular preferences. This theory, therefore, highlights the risks of an over-reliance on
AI systems in the decision-making process: not only the loss of agency but also the loss of opportunities
to gain new knowledge through new experiences resulting from the faculty of judgment of each person.</p>
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      <title>4. A Philosophical Implementation</title>
      <p>The simulation of how a cooperation between human and AI could be helpful during the
decisionmaking process was built on the case of healthcare resource allocation. With the support of the AI
program Claude Sonnet 4 (Anthropic), the simulation demonstrates how a Judicial AI protocol with a
philosophical implementation can support humans during decision-making processes of complex cases.
In the first section (figure1), the interface shows the problem (an hospital must allocate limited icu beds
during an emergency) and presents the first philosophical theory that will guide the reflection. The user
is asked to provide her initial thoughts on the problem. This is the first moment of reflection where the
user became aware of the impact of her decision. The user is asked to assess the problem and understand
its complexity by exercising her judgment and to write her initial thoughts in the open question. The
second section (figure 2), is guided by Paul’s philosophical insight of transformative experience: every
decision we make has an impact not only to the immediate problem but also to ourselves as individual
in the society. The three options are related to fairness, eficiency and human value and each one of
them presents their consequences and AI support. While the AI support is useful, the role of human
agency and judgment remains crucial. The third section (Figure 3) implements Vallor’s theory of virtue
cultivation, necessary in order to avoid the risk of over reliance to AI recommendations. The critical
questions for reflection help the user to reflect deeper and to have an active engagement with the
ethical principles. The user has to provide moral reasoning of her choice while the mandatory reflection
period (the timer duration is illustrative) operates as a “moral friction” because the user can’t skip the
countdown but instead has to wait its end before sending the reply. The moral ’work’ of reflection,
reasoning, and decision remains with humans. The fourth section (Figure ??) applies Anders’ theory
and warnings about preserving human conscience within the technological systems. This section
represents a checkpoint where the user evaluates her responses starting with the critical question
built on Anders’ insight to detect whether the user was operating as a genuine moral agent or as a
follower of AI recommendations. After the decision summary, the user can decide whether to start over
the decision-making progress or to confirm the decision. The user is called to take responsibility of
her decision: in this sense the kind of difused responsibility that would result from human-machine
collaboration is prevented. The simulation illustrates that human oversight, human responsibility,
and human moral agency can be protected through the process. The system introduces moments of
"friction" or “moral friction” such as structured pauses, reflection requirements, and philosophical
prompts that slow down the decision-making process to ensure thoughtful ethical engagement and
judgment exercise. The system includes mandatory waiting periods, requires written moral reasoning,
and ofers users the ability to reconsider their decisions entirely.The simulation provides a template
for how AI systems can be designed to enhance rather than replace human moral judgment with
philosophical theories implementation. Each section creates a comprehensive framework for ethical
decision-making in high-stakes scenarios.</p>
    </sec>
    <sec id="sec-5">
      <title>5. Conclusion</title>
      <p>This paper highlights the critical balance between AI assistance and human responsibility in ethical
decision-making. While AI systems with moral capabilities can support humans in resolving
complex ethical dilemmas, we must remain vigilant against the risk of over-reliance that leads to moral
deskilling and the delegation of responsibility. Arendt’s theory of judgment emphasizes the necessity of
human reflection in contextual ethical situations, while Paul’s concept of "transformative experience"
reminds us that we should make decisions consciously because they transform us epistemically and/or
personally. Anders’ prescient warning about humans delegating responsibility to machines underscores
the humiliation that comes from surrendering our moral agency. To preserve what makes us human,
Vallor emphasizes that we must continue to cultivate moral virtues through practice and maintain our
role as responsible agents, even as we benefit from AI support. The simulation of health allocation
resources case demonstrates that the implementation of protocols like Judicial AI can help maintain this
balance by providing options that still require human judgment, thus preserving our essential capacity
for responsible decision-making.</p>
    </sec>
    <sec id="sec-6">
      <title>6. Declaration on Generative AI</title>
      <p>[1] C. Fregosi, F. Cabitza, A frictional design approach: Towards judicial ai and its possible applications
(2024).
[2] C. Natali, et al., Per aspera ad astra, or flourishing via friction: Stimulating cognitive activation by
design through frictional decision support systems, in: CEUR workshop proceedings, volume 3481,
CEUR-WS, 2023, pp. 15–19.
[3] H. Arendt, The life of the mind, 1977.
[4] S. Myers, J. A. Everett, People expect artificial moral advisors to be more utilitarian and distrust
utilitarian moral advisors, Cognition 256 (2025) 106028.
[5] S. Vallor, Moral deskilling and upskilling in a new machine age: Reflections on the ambiguous
future of character, Philosophy &amp; Technology 28 (2015) 107–124.
[6] S. Vallor, The AI mirror: How to reclaim our humanity in an age of machine thinking, Oxford</p>
      <p>University Press, 2024.
[7] P. Anders, L’uomo è antiquato.: Volume I, Considerazioni sull’anima nell’epoca della Seconda
rivoluzione industriale, volume Volume I, Bollati Boringhieri, 2007.
[8] J. Schwenkler, E. Lambert, Becoming someone new: Essays on transformative experience, choice,
and change (2020).</p>
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