CIVIL JUSTICE IN THE DIGITAL AND ARTIFICIAL ERA: TOWARDS A NEW IDENTITY?

Abstract

Civil justice as a public and private framework for the protection of rights and especially in the exercise of jurisdiction through the judicial process is challenged in its traditional foundations. The replacement of lawyers and judges by digitalization and more by artificial intelligence (AI) would have serious implications. The challenges can be limited to: (i) the visibility and transparency of the judicial process and eliminating the physical presence of the court; (ii) the legitimacy of the courts of justice (or the privatized mechanisms that subrogate them); (iii) the requirements of due and fair process in the state and arbitration justice system and process, as the right to a reasonable and transparent justification of automated decision making.