Proceedings on the Web

Abstract

The paper argues that the electronic records inaugurate a new general theory of the procedural law. From two key concepts, (i) ‘connection’ (Deleuze) and (ii) ‘medium’ (McLuhan), the text seeks to draw the outlines of a new original principles, to the judicial proceeding, proposing seven new principles: (i) ‘connection’, (ii) ‘immateriality’, (iii) ‘interaction’, (iv) ‘intermediality’, (v) ‘hyperreality’, (vi) ‘instantaneity’ and (vii) ‘deterritorialization’. In the author’s opinion, the decisive factor is not the computer or electronic aspect, but its virtual inclusion on the network, on the Internet. The traditional procedural law is characterized by the principle of scripture, summarized in the Latin phrase “Quod non est in actis, non est in mundo” (what is not written in the records is not within the world of judicial proceeding). The records of paper, therefore, separate and disconnect the records of the world. The proceeding on the web – or networking process – connects the records and the case to the world and founded new prospects for interaction between the judge, the parties to the proceeding and the world of facts.