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- Title
Die Nutzung maschineller Lernsysteme für den Erlass verwaltungsrechtlicher Ermessensentscheidungen.
- Authors
von Blumröder, Lucas; Breiter, Andreas
- Abstract
The following article examines and discusses if and how machine learning systems can be applied to model successfully discretionary decision-processes in German administrative law. By analyzing both fields and showing their synergetic relation – the assumption can be derived that machine learning systems are suitable to model discretionary decision- making processes in administrative law. Subsequently, the article analyzes how and under which circumstances these systems can be applied to support decision-making. For this, a wizard-ofoz- experiment was developed that appeared to predict the likelihood of a request being lawful and expedient on a legal basis in social law. Test subjects using the system were more likely to make a decision instead of the ones not using it (1), spent more thought into their decision (2) and actively negated the cases that were wrongfully predicted (3). The article shows that using a machine learning system to model a discretionary decision making process comes with a multitude of challenges that have to be dealt with. If the system bears these challenges, executive officers and customers can benefit from a machine learning system.
- Subjects
MACHINE learning; DIGITIZATION; ARTIFICIAL intelligence; DECISION making
- Publication
Der Moderne Staat, 2020, Vol 13, Issue 2, p448
- ISSN
1865-7192
- Publication type
Article
- DOI
10.3224/dms.v13i2.04