Algorithmic Justice: Can Code Be Fair?

We live in an era where algorithms make decisions that shape our daily lives—what job opportunities we see, what credit limits we receive, what news stories reach our feeds, and even how long prison sentences might be. This growing influence has sparked an urgent question: can code be fair? The concept of algorithmic justice has become a central debate in the intersection of technology, law, and ethics.
Algorithms, by design, are meant to be objective—sets of instructions that process inputs and deliver outputs. However, when those inputs reflect social biases or the code is trained on flawed data, the outputs can perpetuate or even amplify inequality. For example, AI hiring systems have been caught discriminating against women in technical roles, and predictive policing tools have disproportionately targeted minority communities. These outcomes reveal that algorithms are not neutral; they mirror the imperfections of the humans who build them and the societies that supply their data.
The stakes are high. If left unchecked, algorithmic bias could widen existing inequalities and erode public trust in technology. On the other hand, if done right, algorithmic justice could create systems that are more transparent, accountable, and equitable than human decision-makers alone. In this blog, we’ll explore how algorithmic justice works, why code often falls short of fairness, and what actionable steps can lead us toward a future where technology supports equality rather than undermines it.
The Problem with Algorithms: Why Bias Persists
At first glance, it seems logical to assume that machines, unlike humans, should be unbiased. After all, algorithms don’t have feelings, prejudices, or personal interests. Yet, the reality is far more complicated. Algorithms learn from data, and that data often carries the weight of centuries of inequality, discrimination, and systemic bias.
Take criminal justice as an example. The COMPAS algorithm, used in parts of the U.S. to predict the likelihood of reoffending, was found to be twice as likely to label Black defendants as high risk compared to white defendants, even when actual reoffending rates were lower. This disparity didn’t come from malicious coding but from biased historical data reflecting unequal policing and prosecution. Similarly, in healthcare, AI tools used to allocate care have underestimated the needs of Black patients because the data equated healthcare spending (historically lower for minorities) with healthcare needs.
Another issue lies in the opacity of algorithms. Many of the most powerful systems are “black boxes,” meaning their inner workings are hidden even from their developers due to complexity or proprietary restrictions. This makes it nearly impossible to audit or understand why a particular decision was made, which raises concerns about accountability.
Bias also creeps in during design choices. Developers decide what data to include, what metrics to optimize, and how to weigh different factors. These decisions are subjective and often reflect the perspectives of the development team, which can be limited in diversity. Without intentional safeguards, these blind spots can embed inequality into supposedly neutral systems.
In essence, the problem isn’t just technical—it’s deeply social. Bias in algorithms is a mirror of human society. Addressing it requires both technical solutions and broader conversations about fairness, justice, and accountability in the digital age.

Can Code Be Fair? The Limits of Algorithmic Justice
The idea of algorithmic justice raises a provocative question: can fairness be defined in code? Philosophers, data scientists, and policymakers have wrestled with this, and the answers are far from simple.
One challenge is that fairness itself is subjective. For instance, should a hiring algorithm prioritize equal outcomes (ensuring all groups are represented equally in hiring decisions) or equal opportunities (ensuring all groups are treated the same way, regardless of outcome)? Each definition of fairness leads to different coding strategies, and sometimes these definitions directly conflict. What seems fair to one group may feel discriminatory to another.
Moreover, algorithms can only optimize for what they are told to measure. If fairness is narrowly defined—say, eliminating gender bias while ignoring socioeconomic disparities—other inequalities may persist. The technical complexity of balancing multiple fairness goals often forces developers to choose trade-offs, which can have profound real-world consequences.
Another limit lies in the global diversity of ethical standards. A fairness framework developed in one cultural or legal context may not translate to another. For example, data privacy regulations like the EU’s GDPR heavily shape how algorithms must operate in Europe, while other regions prioritize innovation over strict oversight. This raises the risk of “ethics shopping,” where companies adopt the most lenient standards available.
Perhaps the biggest barrier is the illusion of perfection. Algorithms, no matter how advanced, are unlikely to ever be perfectly fair. Just as human decision-making is flawed, code reflects the biases, constraints, and imperfections of its creators. The goal, then, may not be to eliminate bias completely but to minimize it while ensuring transparency and accountability.
The pursuit of algorithmic justice highlights a paradox: the very attempt to define fairness in code forces us to confront the complexity of fairness in society. Algorithms cannot transcend human limitations, but with the right frameworks, they may help us manage them more responsibly.

Building Fair Algorithms: Solutions and Best Practices
If code cannot be perfectly fair, the next best step is to make it as fair as possible. This requires intentional design, rigorous oversight, and continuous adaptation. Here are several ways algorithmic justice can move from theory to practice:
Diverse Data and Inclusive Design
Bias starts with data. To avoid skewed outcomes, developers must ensure training datasets are diverse and representative. This means including voices and experiences from marginalized groups that are often underrepresented. Inclusive design practices—such as involving ethicists, sociologists, and people from diverse backgrounds in development teams—can also broaden perspectives.
Bias Auditing and Transparency
Independent audits of algorithms are essential. Just as financial audits detect fraud, algorithmic audits can identify hidden biases and errors. Making audit results public fosters accountability and builds trust. Additionally, transparency initiatives—such as explainable AI (XAI)—aim to make algorithms more understandable, so users know why decisions are made.
Ethical Standards and Regulation
Governments and international bodies are beginning to establish frameworks for ethical AI. The EU AI Act, for example, categorizes AI applications by risk and imposes strict requirements on high-risk systems like healthcare and law enforcement. These policies set guardrails that protect citizens while guiding companies toward responsible practices.
Continuous Monitoring
Algorithms don’t exist in static environments. Social conditions, data streams, and human behavior evolve over time. Continuous monitoring and updating of systems ensure they remain fair and relevant in changing contexts. Without ongoing oversight, even well-designed systems can drift into bias.
Empowering Users
Finally, users must be given tools to question and challenge algorithmic decisions. Whether through appeals processes, opt-out mechanisms, or greater transparency, empowering individuals creates a check on algorithmic power and restores a sense of agency.
These solutions don’t eliminate bias, but they represent meaningful steps toward more equitable systems. By embedding fairness into the design process and governance of algorithms, we can move closer to algorithmic justice in practice.
