DC: Procedural Anthropocentrism

The dynamic cluster (DC) “Procedural Anthropocentrism” examines the extent to which central evaluative concepts of private law are intrinsically linked to specifically human capacities and experiences.

Legal concepts such as “fair compensation” (§ 253 BGB), “equitable discretion” (§ 315 BGB), “appropriateness” (§§ 323, 637, 1574, 1360a BGB), and “conscientiousness” (§ 93 AktG) structure processes of interest-balancing and judicial decision-making. These concepts appear to presuppose human judgment, practical reason, and contextual sensitivity.

Against the backdrop of rapid advances in artificial intelligence, however, a fundamental question arises: to what extent – and in what sense – can such evaluative standards be applied or fulfilled by AI systems?

Are these concepts functional gateways to individual justice that can, in principle, be formalized and operationalized? Or do they presuppose the exercise of legal conscience, a specifically human sense of justice, and thus a form of normative self-commitment that resists technological substitution?

The cluster brings together researchers in a flexible, theme-centred format. Through joint readings, workshops, and focused intradisciplinary discussions, we investigate the limits and prerequisites of the applicability of AI-based decision-making systems to private law evaluation standard, thereby reflecting on the anthropological foundations of law.