The Use of Digital Tools in Assessing Intuition as a Means of Making Legally Significant Decisions

Vronskaya Mariya Vladimirovna PhD in Law Associate Professor at the Department of Private Law of Vladivostok State University of Economics and Service  690014, Russia, Vladivostok, Primorsky Krai, 42 Balyaeva str., sq. 119 m.vronskaya@mail.ru Other publications by this author

Gomzyakova Ekaterina Mizailovna Bachelor, Department of Civil Law Disciplines, Vladivostok State University 690014, Russia, Primorsky Krai, Vladivostok, Gogol str., 41 e_gomzyakova@bk.ru

Introduction. Decision making is the process of logical or irrational options for achieving a goal. TPR operates with concepts and methods from a wide variety of fields of human activity: mathematics, statistics, economics, management, psychology, law, etc. This process becomes especially important in conditions of uncertainty, when the totality of the initial data for the solution does not guarantee a high probability of achieving the goal, and the decision itself is made under the influence of subjective factors.

Currently, if there is enough information, the choice according to the given algorithms of the optimal option, which has a probabilistic but definite character, can be made by an average-performance computer, and even more so by artificial intelligence (AI). Nevertheless, in conditions of uncertainty, political and transnational risks and threats, the decision is still made by a person.

Decision-making in the field of legal relations is a type of managerial activity, which, in conditions of uncertainty, largely depends on the subjective human psyche. Psychological experiences associated with the representation of one person demanding that another perform any duties form the basis of many managerial and legal decisions. In turn, legal norms can be created under the influence of emotions, individual mental experiences of a person. These factors clearly indicate the presence of an intuitive component in making legal decisions (PR), which include legally significant decisions (SWR).

The topic of intuition and the possibilities of its application for decision–making are devoted to the works of domestic authors A. D. Ioseliani, E. A. Naumenko, N. Yu. Pereverzeva, foreign - G. Lufitianto ^[1-4]. Manifestations of intuitive behavior are considered in the works of many other psychologists, educators and jurists ^[5-7]. The issues of symbiosis of intuition and digital technologies (CT), including artificial intelligence (AI), are relevant for research ^[8-12]. The concept of intuitiveness is reflected in a number of such normative domestic acts as the state standard (GOST) ^[13-16].

Currently, distrust of the possibilities of using intuition in professional activity remains high, mainly due to the inability to determine its quantitative level. This study presents the results of testing computer databases (DB) designed to measure intuition in employees making legal decisions. Measuring instruments and recommendations for the development of specific qualities have been introduced into the activities of the territorial bodies of the Investigative Committee of the Russian Federation and the Federal Service for Supervision of Transport, the databases are registered with Rospatent.

The hypothesis of the study is the study of the possibility of practical use of intuition in the development of a legally significant decision.

The object of the study is the process of legal decision–making by employees of legal professions, the subject is the identification of cognitive properties of lawyers in the development of such decisions.

The theoretical basis of the study. The modern term "intuition" comes from the Latin word intueri – to look intently, attentively, and is considered by philosophers as an inseparable form of cognition from a person. Two main types of perception of the surrounding world – sensory and rational – form human individuality and cognition at the stages of empirical (gained through experience) and theoretical perception. At the same time, the uniqueness of intuition lies in its contact with both sensory perception and rational perception. This process proceeds on a subconscious level and is a "condition for the manifestation of intellectual intuition" ^{[3, p. 69]}. The ratio of the sensual and rational is strictly individual, it depends on innate and acquired factors in interaction with the external environment. At the same time, the general level of erudition contributes to the development of cognitive abilities and facilitates the process of discursive, logical confirmation of an intuitive guess ^{[4, 17, 18,]}.

Psychologist Daryl Boehm, having examined more than 1,000 people, claimed that every person has the ability to predict the future and identified two types of mental state: foresight (conscious cognitive awareness) and premonition (affective premonition) of a future event, which cannot be deduced by logical reasoning. ^{[19, p. 407]}:

In experiments on the Myers–Briggs Type Indicator (MBTI) methods and Tasks with Accumulated Clues Task or ACT, which were conducted by foreign psychologists G. Lufitiano and C. Donkin, results were obtained proving the connection of intuitive abilities with the breadth of erudition. At the same time, the Myers–Briggs method was more effective in conditions of uncertainty and a limited number of facts ^[4]. The results of foreign psychologists are consistent with the data obtained when measuring intuition among schoolchildren, athletes and artists of Primorsky Krai using the LamaTest database ^[18].

There is a sufficient amount of research on the practical application of intuition ^{[1, 20]}. Thus, psychologist O. V. Stepanosova ^[21] notes the sequence of intuition manifestations in conditions of uncertainty: expert (implicit) acquisition of knowledge; incubation in the form of and distraction from the problem; unconscious obtaining of an exact solution.

Thus, it should be recognized that the intuitive can be an equal partner of the rational when making decisions in conditions of a shortage of initial data ^{[22; 3, p. 5]}. The creative (intuitive) process of obtaining a draft decision based on personal experience should be completed with logical comprehension.

The Russian psychologist E. A. Naumenko, investigating the influence of the investigator's cognitive abilities on the effectiveness of his activity according to D. Keho's methodology ^[2], identified two main stages in obtaining an intuitive answer: 1) the speculative formation of the information field by downloading various information on a specific case into memory without logical comprehension; 2) the manifestation of intuitive abilities in the form of an idea, version, picture of a crime. At the first stage, the brain activity is maximum, at the second, in a state of relaxation, the subconscious is most receptive to receiving an intuitive hint. This approach is quite consistent with the conclusions of other authors ^{[1, 3, 20, 21]}.

Lawyers' distrust of the intuitive way of making meaningful decisions is caused by the suddenness and unpredictability of the culminating act of intuitive comprehension – insight. However, in the case of establishing control over the manifestation of insight, obtaining the desired result becomes possible.

The adoption of a balanced and correct user is a complex and multifaceted process that occurs in the mind of the law enforcement officer. The use of information technology in legal activities looks natural. Thus, the possibility of digitalization of legal transactions is considered in the study of problems in the implementation of novelties of civil legislation in terms of the use of digital mechanisms [23 Transformation]. The introduction of a digital resource for the identification and accounting of offenses in the field of maritime transport is proposed in their research by M. V. Gomzyakov, A. N. Sobolenko, I. P. Turishchev ^{[24, p. 241; 25]}.

A. A. Kabanov believes that there is an influence of digital technologies on intuition, and that machine logic stems from intuitive creativity ^{[10, p. 7]}.

A. A. Sergeev notes that currently there is a transition of developed countries to the sixth technological order, implying the digitalization of society. At the same time, a person, as a carrier of knowledge, skills, personal qualities, including intuitive ones, remains a key element of such a way of life ^{[12, p. 84]}. At the same time A. A. Ostapenko believes that the passion for technology harms creativity. Pedagogical intuition cannot be replaced by computer teaching and evaluation. "I do not believe that it is possible to digitize the activity of the soul!" ^{[11, p. 57]}

In the era of the Internet and information technology, it has become possible to involve artificial intelligence (AI) in the development of solutions. A discussion broke out among legal scholars about the digital criminal law resource (CCPR), its capabilities, applicability and responsibility ^{[26, 27]}.

Thus, E. O. Voronkova in her work defines the boundaries and possibilities of AI in law and notes that "the question of the prevailing type of legal understanding and the consequences of this choice for modern legal theory and practice is more acute than ever" ^[6].

Examples of legal regulation of AI in the field of cybersecurity and the economy of Singapore are considered in the study by E. V. Goryan ^{[8, p. 64; 9, p. 89]}.

In the conditions of competition with machine intelligence, the issues of using specific personal qualities of a lawyer come to the fore. In the available modern sources, you can find studies on the intuitive abilities of law enforcement officers. So, R. Yu. Pavlov, describing the nature of criminalist thinking, notes that it is theoretically impossible to explain the presence of intuition, but an experienced investigator uses it. The paper provides an example of the fight against smugglers, when a customs officer catches a violator, intuitively anticipating his actions ^{[7, p. 168]}.

D. V. Bakhteev, by intuitive abilities, means "initial prerequisites" that increase the effectiveness of law enforcement thinking, which should be accompanied by logical reflections ^[5].

Regarding the question of the legitimacy of intuition and its use in judicial practice, it should be noted such a fact as the mention of this specific human quality in interstate and national normative acts of the Russian Federation, such as GOST. Thus, the interstate standard 34100.3–2017/ISO/IEC Guide 98-3:2008 regulating measurement uncertainty prescribes the presence of "physical intuition based on experience and general knowledge that comes with accumulated practice" ^[16]. The same personal quality is required by: the national standard describing the reference architecture of big data ^[14]; on the reliability of technology ^[15]; ensuring operator activity in the "man – information" system ^[13]. In total, there are currently more than two dozen standards with the mention of intuition, and all of them, as normative acts of the Russian Federation, are mandatory for application and compliance on the territory of our country. The Code of Ethics of a Prosecutor's Employee of the Russian Federation evaluates the suitability of an employee for service according to psychological criteria, including, along with other qualities, intuition ^[28]. The role and limits of using intuition in the process of putting forward a version of the case are included in the curriculum of Kazan (Volga Region) Federal University ^[29].

With regard to judicial precedents related to intuition, an example should be given of the consideration in 2010 by the European Court of Human Rights (ECHR) of a complaint by two citizens of the United Kingdom against the authorities of the United Kingdom of Great Britain and Northern Ireland for violation of their rights under the Convention for the Protection of Human Rights and Fundamental Freedoms. Police officers within the framework of anti–terrorist measures ^[30], relying on their intuition, carried out 'The "intuitive" stop" ^[31] and did not let these citizens to the place of a public event, believing them to be terrorists. The court partially satisfied the complaint, citing the lack of evidence of terrorist activity, while recognizing the right of police officers to "intuitive stop".

The empirical basis of the study. Starting from 2016, a line of databases (DB) for measuring the instantaneous level of intuitive abilities (MUIS) was developed on the basis of the Rosmorrechflot industry software package ^{[18, 32, 33]}. The know–how of the tools developed by the database consists in the development of measurement algorithms. A detailed description of them is stored in the Rospatent database registers. The use of materials and programs for measuring MUIS in the school and student environment showed encouraging results ^[17]. In the future, control and measuring materials (CMM) evolved into the database "Investigative Intuition" (2021), "Intyurist" (2022), measuring two MUIS: congenital and acquired.

The first database was tested in one of the primorsky divisions of the Investigative Committee of the Russian Federation. The results of measuring the MUIS of law enforcement officers turned out to be different depending on the direction of activity ^[34].

The measurement of MUIS with the help of the second database was carried out in two groups of persons providing PP: lawyers and civil servants of the FOIV. The choice of focus groups is due to the fact that they are participants in the state system of providing free legal aid and, by the nature of their activities and duty of service, should strive to make legal decisions as effectively as possible within the framework of guarantees from the state. The measurement of the MUIS of lawyers was carried out in three legal entities of Primorsky Krai. The work experience of each lawyer was more than five years, the gender composition corresponded to the average for the Primorsky Chamber of Advocates. Differentiation of all respondents by age was not carried out.

In the experiments, the subjects were asked to intuitively choose an image of a digit or a human face displayed on a computer screen randomly. The authors believe that the respondent's reaction to abstract figures (MUIS1) should differ from the reaction to photographs of specific people (MUIS2). The latter indicator can be greatly influenced by the acquired professional experience (information field) of a specialist.

No more than 10 seconds were allowed for each decision to be made. The respondent was asked to make three attempts. The results of depersonalized measurements were stored in a table with the following details: measurement number; gender (M/W); work experience (less than 5 years/ more than 5 years); MUIS1; MUIS2; manifestation of intuition (from 1 to 5). The last column of the table was filled in with the words of the measured. Everyone was asked the question: "How do you assess your own intuitive abilities on a five-point scale?"

A study of the intuitive personal qualities of the above groups of respondents revealed a difference in indicators related to the direction of activity. Thus, the highest averaged values of the MUIS were shown by employees of the Investigative Committee, the lowest by lawyers (Fig. 1). The results of the experiment revealed a certain pattern: the average value of the first attempt was lower than the average values of the two subsequent measurements. At the same time, the external conditions of the experiment did not change. The respondent went from a logical calculation in the first attempt to an intuitive guess in the subsequent ones, and thereby achieved greater success.

Fig. 1. Comparison of the MUIS indicators of investigators, employees and lawyersBased on the results obtained, it can be argued that there is a connection between the type of activity and the intuitive qualities of the employee.

No connection has been established between the respondent's self–assessment of intuitive qualities and the results of the measurement of MUIS. The latter fact testifies in favor of computer methods of measuring intuition in comparison with questionnaire methods.

The main conclusions. Based on the results of the research of sources, practical developments and measurements, the following conclusions can be drawn. There are enough philosophical, psychological, and forensic sources in the available literature that prove the presence of intuition and its manifestations in various types of activities. Conversely, there are practically no publications that scientifically substantiate the absence of this phenomenon. This circumstance is not a recognition or denial of intuition, but only indicates the absence at the moment of a scientific explanation of the mechanism of its action.

The historical and philosophical understanding that intuition is one of the forms of cognition should find practical application, including for the development of legally significant decisions. From the consideration of such concepts as intuition, hypothesis and solution, the conclusion follows that the hypothesis is based on intuition, and an intuitively oriented hypothesis is implemented in the form of a solution.

The authors fully share the position of psychologists that intuitive abilities are hidden in each individual and awaken them through regular training. The ability to perceive and understand internal signals does not come immediately, it requires practice and conviction.

Of the two ways to develop a legally significant solution: logical and intuitive, preference in the vast majority of cases is given to the first. The intuitive method is used in non-standard situations with a shortage of time and information.

Distrust of the intuitive way of making decisions in a professional environment is commensurate with the attitude to the phenomenon in society as a whole, although at the everyday level many people make their choice unconsciously without logical reflection.

Within the framework of a pragmatic approach, intuition can be used provided that there are sufficiently reliable means to measure its level. Such means based on information technologies can be databases developed by the author for specialists in various fields of activity. Subject to regular exercises on the development of intuitive abilities, law enforcement officers receive additional advantages in their field of activity when making legal decisions in conditions of obvious uncertainty, or lack of time.

The results of measurements carried out by the author in various focus groups using the developed database confirm the assumptions made about the connection of intuitive abilities with work experience and gender identity.

Based on the analysis of available sources on the topic of this study, as well as on the results of measurements, it can be argued that the practical use of intuition in developing a legally significant solution is quite a feasible task.