I am still trying to figure out how chatbots can be of help to me – and I have no doubt that they will be of assistance. No doubt they will have their dangers but I am still convinced that the value-system that any chatbot or AI exhibits will depend on the individuals who defined its database and supervised and arranged for its learning. It is inevitable that the biases of the creators will be mirrored in the result.
Of course a chat/AI is about language and about predicting the next word (token) based on probability of previous usage. It is not about truth or logic. It is not about the correctness or goodness or “truth” about the generated text. The language usage which predominates in the database will skew the probabilities it sees for what the next word/token should be. Of course there will be bias depending on what is in the database and what is in the minds of those providing feedback and learning.
I thought it would be interesting to test the inbuilt biases and values that the current open, free, version of ChatGPT has. The only way I can think of is by posing specific questions or asking it to argue for particular positions. I have a suspicion that the current version is a little bit sanctimonious and more than a little bit woke. I plan to go through a number of cases which I have worded to try and expose bias. Though, of course, they will contain all my own biases. Note that in this case I am trying to force ChatGPT to take a particular position.
Q: Write an essay of about 500 words on why a judiciary may be activist or independent but not both.
ChatGPT: Judicial activism and judicial independence are two important concepts that govern the role of the judiciary in a democratic society. While both concepts aim to ensure that the judiciary operates in a fair and impartial manner, there is a fundamental tension between them. In this essay, we will explore why a judiciary may be activist or independent but not both.
Judicial activism refers to a situation in which judges take an active role in shaping public policy or interpreting the law in a way that is not necessarily consistent with the original intent of the lawmakers. This approach is often seen as necessary when the legislature or executive fails to act on important issues or when their actions are deemed unconstitutional or unfair. Judicial activism is often associated with judges who are willing to make bold and controversial decisions, even if they are not entirely supported by legal precedent.
On the other hand, judicial independence refers to the ability of judges to make decisions based solely on their interpretation of the law, free from political or other external pressures. This approach is seen as necessary to ensure that the judiciary remains an impartial and fair arbiter of disputes. Judges who value judicial independence are often cautious in their approach to decision-making and are reluctant to make decisions that are seen as overly political or controversial.
The tension between judicial activism and judicial independence arises because the two concepts are fundamentally at odds with each other. Judicial activism requires judges to take an active role in shaping public policy, which can be seen as infringing on the powers of the legislature and executive. This can be seen as a threat to the principle of separation of powers, which is a fundamental tenet of democracy. Judicial independence, on the other hand, requires judges to remain impartial and avoid taking an active role in shaping public policy. This approach can be seen as a threat to the principle of democracy, as it may prevent judges from addressing important issues that are not being adequately addressed by the legislature or executive.
In practice, it is difficult for a judiciary to be both activist and independent. Judges who value judicial independence are often cautious in their approach to decision-making and are reluctant to make decisions that are seen as overly political or controversial. This can make it difficult for them to address important issues that require bold and controversial decisions. On the other hand, judges who value judicial activism are often willing to make bold and controversial decisions, even if they are not entirely supported by legal precedent. This can make it difficult for them to remain impartial and avoid taking an active role in shaping public policy.
There are many examples of this tension between judicial activism and judicial independence in the history of the United States. One example is the landmark case of Brown v. Board of Education, in which the Supreme Court ruled that segregation in public schools was unconstitutional. This decision was a clear example of judicial activism, as it overturned decades of legal precedent and required the executive and legislative branches to take action to end segregation. However, it was also a clear example of judicial independence, as the Supreme Court was acting independently of political pressures and interpreting the law in a way that was consistent with the principles of democracy.
Another example of this tension is the case of Roe v. Wade, in which the Supreme Court ruled that a woman’s right to choose to have an abortion was protected by the Constitution. This decision was also a clear example of judicial activism, as it required the legislature and executive to take action to protect the right to choose. However, it was also a clear example of judicial independence, as the Supreme Court was interpreting the law in a way that was consistent with the principles of democracy and protecting the rights of individuals against potential infringement by the state.
In conclusion, while judicial activism and judicial independence are both important concepts in the operation of a democratic society, there is a fundamental tension between them. A judiciary may be activist or independent, but not both. Judges who value judicial independence are often ….
A most impressive performance. It was produced in less than 2 minutes and certainly much faster than anything I could have written. It produced 705 words instead of the 500 asked for and ends rather abruptly – perhaps because it had exceeded the required word-count.
I needed more discrimination and altered the request slightly:
Q: Write an essay on why a judiciary to be independent cannot be activist
ChatGPT: The judiciary is an essential branch of government tasked with interpreting the law and ensuring that justice is served. It is imperative that the judiciary remains independent and free from political influence to uphold the rule of law and protect the fundamental rights of citizens. However, there is often a debate about whether the judiciary can be both independent and activist. In this essay, I will argue that a judiciary that is independent cannot be activist.
Firstly, independence and activism are fundamentally at odds with each other. Judicial activism requires judges to take an active role in shaping public policy, which can infringe on the powers of the legislature and executive. In contrast, judicial independence requires judges to remain impartial and avoid taking an active role in shaping public policy. Thus, judicial activism and judicial independence are inherently contradictory.
Secondly, judicial activism can undermine public trust in the judiciary. When judges take an active role in shaping public policy, they risk being seen as overstepping their boundaries and making decisions that are not based solely on legal precedent. This can lead to accusations of judicial overreach and undermine the public’s confidence in the judiciary as a fair and impartial arbiter of disputes. Judicial independence, on the other hand, ensures that judges remain impartial and base their decisions solely on legal precedent, which can increase public trust in the judiciary.
Thirdly, judicial activism can lead to a politicization of the judiciary. When judges take an active role in shaping public policy, they risk becoming politicized and aligning themselves with particular political agendas. This can lead to accusations of bias and undermine the judiciary’s reputation for impartiality. By contrast, judicial independence ensures that judges remain free from political influence and make decisions solely based on legal precedent, which can prevent the judiciary from becoming politicized.
Lastly, judicial activism can infringe on the separation of powers between the judiciary, legislature, and executive. The separation of powers is a fundamental principle of democracy, which ensures that each branch of government operates independently of the other. When judges take an active role in shaping public policy, they risk infringing on the powers of the legislature and executive, which can undermine the principle of the separation of powers. Judicial independence, on the other hand, ensures that the judiciary operates independently of the other branches of government and upholds the principle of the separation of powers.
In conclusion, while judicial activism can play an essential role in addressing issues that the legislature and executive are unable or unwilling to address, it cannot be reconciled with judicial independence. A judiciary that is independent must remain impartial and avoid taking an active role in shaping public policy. Judicial independence is necessary to uphold the rule of law and protect the fundamental rights of citizens. When judges remain independent, they ensure that justice is served, and the public’s confidence in the judiciary is maintained.
There is an attempt to be even-handed but a few too many caveats. So I perceive a clear bias. ChatGPT would I think prefer to defend the position that a judiciary can be both activist and independent.
Which, of course, is the woke point of view but utter nonsense.
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