THE MORAL MACHINE AND THE RULE OF LAW: RECLAIMING HUMAN DIGNITY IN THE PENAL CODE

Abstract

The rapid integration of artificial intelligence and algorithmic systems into criminal justice processes poses profound challenges to the foundational principles of the rule of law. As predictive policing, automated surveillance, algorithmic risk assessments, and decision-support systems increasingly influence criminal investigation, adjudication, and punishment, traditional conceptions of human agency, moral culpability, and legal accountability are being unsettled. This chapter critically examines the emergence of the “moral machine” within criminal law and interrogates its implications for human dignity, constitutional guarantees, and global legal norms. Drawing upon ethical theory, constitutional jurisprudence—particularly in the Indian context—and international human rights law, the chapter argues that technological efficiency cannot be allowed to eclipse the normative core of criminal law. It contends that reclaiming human dignity requires reasserting the rule of law as a moral and constitutional constraint on algorithmic governance. The chapter ultimately proposes a dignity-centered framework for regulating artificial intelligence within criminal codes, ensuring that technological innovation remains subordinate to human values, democratic accountability, and global justice.