Principles, Procedure, and Justice

2020 ◽  
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Distributive Justice ◽  
Civil Procedure ◽  
Judicial Decision ◽  
Forensic Evidence ◽  
Judicial Decision Making ◽  
Administration Of Justice ◽  
University College ◽  
Evidence Law

The book contains a collection of essays in civil procedure and evidence honouring Professor Adrian Zuckerman of University College Oxford. The contributors are leading scholars and judges whose work has engaged with or been influenced in some way by the work of Professor Zuckerman. The contributions touch upon a wide variety of topics, ranging from the efficient administration of justice, questions of distributive justice and the allocation of costs, the use of online facilities and artificial intelligence in the delivery of justice, judicial decision making, abuse of process, to hearsay, the use of forensic evidence, and evidence law.

scholarly journals Algorithms in Judicial Environments – the Importance of Identifying Relevant Judicial Decision-Making Stage

Teisė ◽  
2020 ◽  
Vol 115 ◽  
pp. 55-69
Author(s):  
Donatas Murauskas
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Applicable Law ◽  
Positive Analysis ◽  
Artificial Intelligence Systems

The paper examines the application of Artificial Intelligence systems in the judicial environments. It provides an outline of a typology of different algorithms applicable in judicial environments depending on judicial decision-making stage. This is a positive analysis which aims at identifying relevant algorithms in every judicial decision-making stage, be it assessing the facts, indicating the applicable law or deciding.

The New Civil Procedure Code and the Challenges for the Brazilian Legal Education System

2015 ◽  
Vol 15 (2) ◽  
pp. 116-120 ◽  
Author(s):  
Renê Francisco Hellman ◽  
Mariana Cesto
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Education System ◽  
Legal Education ◽  
Interdisciplinary Approach ◽  
Civil Procedure ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Procedure Code ◽  
New Challenges

AbstractThis article by Renê Francisco Hellman and Mariana Cesto aims to analyse how the New Civil Procedure Code will influence the Brazilian legal education system. The new Code is opposed to ‘surprise decisions’ and emphasizes the need for substantial opportunity to contradict the opponent's submissions. This will constrain judicial decision-making. On that basis, new challenges appear for teaching, and they must be faced and solved in order to make the new prescriptions effective. The proposal is to use an interdisciplinary approach to reformulate the legal education system. This would effectively provide better support to future lawyers regarding their development, making them better qualified to operate within the legal system.

scholarly journals As medidas estruturantes e a compatibilidade com o direito processual brasileiro

2020 ◽  
Vol 24 (2) ◽  
pp. 64-80
Author(s):  
Renata Bolzan Renata Bolzan Jauris ◽  
◽  
Luiz Fernando Bellinetti ◽  
Keyword(s):  
Decision Making ◽  
Literature Review ◽  
Legal System ◽  
Civil Procedure ◽  
Decision Making Process ◽  
Access To Justice ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Procedural Law ◽  
State Functions

This paper explores the possibility of applying structuring injunctions in Brazilian civil procedural law. Utilizing literature review, this study explores whether the Brazilian, constitutional and infraconstitutional normative system is apt for the adoption of structuring injunctions without contradicting or affronting the current legal system. To this end, this article analyzes the constitutional principles of access to justice, the division of state functions, as well as the principles of demand and correlation. It also studies legislative innovations of the Brazilian Code of Civil Procedure of 2015, specifically the general procedural clauses and the principle of collaboration. This study then goes on to study article 21 of the Law of Introduction to Norms of Brazilian Law, which adopts explicitly the use of structural measures in the judicial decision-making process.

Judicial Decision-Making and Deliberations

2021 ◽  
pp. 143-163
Author(s):  
Theodor Meron
Keyword(s):  
Decision Making ◽  
Decision Makers ◽  
Public Confidence ◽  
Judicial Decision ◽  
Criminal Courts ◽  
Judicial Decision Making ◽  
Administration Of Justice ◽  
Diverse Backgrounds ◽  
Court Proceedings ◽  
The Impact

This chapter assesses judicial decision-making and deliberations. The success of international criminal courts depends in no small part on the transparency of proceedings and reasoning of the judgements. Transparency is essential to building public confidence in the fair administration of justice. It also serves as an important safeguard against judicial arbitrariness and helps to ensure not only the fairness of the proceedings but the independence and impartiality of the Bench. This commitment to transparency in court proceedings is not absolute, however. It is limited by other factors, such as the importance of protecting witnesses and victims and the requirement that certain information be kept confidential. The chapter looks at the process of decision-making in the ICTY, ICTR, and the Mechanism. It draws attention to four specific issues: the uniqueness of the tribunals and the impact of their special status on decision-making; the diversity of decision-makers at the tribunals; the diverse backgrounds of the tribunals’ Judges and staff; and the process of decision-making.

Judge v Robot? Artificial Intelligence and Judicial Decision-Making

2018 ◽  
Vol 41 (4) ◽  
Author(s):  
Tania Sourdin
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Technological Change ◽  
Human Activity ◽  
Human Activities ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
And Function ◽  
Over Time ◽  
The Way

As technology continues to change the way in which we work and function, there are predictions that many aspects of human activity will be replaced or supported by newer technologies. Whilst many human activities have changed over time as a result of human advances, more recent shifts in the context of technological change are likely to have a broader impact on some human functions that have previously been largely undisturbed. In this regard, technology is already changing the practice of law and may for example, reshape the process of judging by either replacing, supporting or supplementing the judicial role. Such changes may limit the extent to which humans are engaged in judging with an increasing emphasis on artificial intelligence to deal with smaller civil disputes and the more routine use of related technologies in more complex disputes.

scholarly journals Artificial intelligence and adjudication: some perspectives

Amicus Curiae ◽  
2019 ◽  
pp. 2-15
Author(s):  
David M. Masuhara
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Information Technology ◽  
British Columbia ◽  
Supreme Court ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Judicial Procedure

In this article the Hon Mr Justice David M. Masuhara, Supreme Court of British Columbia, briefly explores views that would be supportive of AI in the adjudicative process and those that would not. The author starts with a brief description of judicial decision-making and AI and then identifies and discusses the views and then offers dome comments on what an AI adjudication system might look like. Index keywords: Artificial Intelligence, AI, Judicial procedure, Courts, Information technology

Context Effects in Judicial Decision Making

2009 ◽  
Author(s):  
Jeffrey J. Rachlinski ◽  
Chris Guthrie ◽  
Andrew J. Wistrich
Keyword(s):  
Decision Making ◽  
Context Effects ◽  
Judicial Decision ◽  
Judicial Decision Making
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