Maria Rosaria Ferrarese

Justice and Digitalization. Toward a Dialectic Master-Servant?

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Abstract

Relationships between law and digital technologies can be of different intensity and on can speak of «digital justice» as more as bigger is the penetration of technological rationality in the legal reasoning. The article examines three different kinds of intensity in the case of ODG, digital trials, and «predictive justice». While in the first two cases we can speak of low digital intensity, especially in the third case, and even more in the case of generative artificial intelligence, we can see the risk of a technological rationality that prevails over the legal one, till the point of prospecting a dynamic similar to the Hegelian dialectic between master and servant.

Keywords

  • Justice
  • Digitalization
  • Legal rationality
  • Digital rationality

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