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- Title
Efectos de la digitalización sobre el razonamiento jurídico: una aproximación postfoucaultiana.
- Authors
Vila-Viñas, David
- Abstract
The article systematizes some effects of the socio-legal relationships digitalization on legal reasoning from the perspective of governmentality studies. To this end, it considers legal rules and public policies as part of the modern process of rationalizing uncertainty. In the contrast between clinical and actuarial forecast rationalities, it proposes that digitization reinforces the weight of actuarial forecasting on individualized decisions, such as legal ones, dominated earlier by the former. All of this has a reformalizing effect on legal reasoning. To present its hypothesis, the article draws on two examples. On the one hand, it shows how the new possibilities of modeling judicial decisions can increase the weight of the background on the reasoning and future conduct of all legal-social operators. On the other hand, it indicates how the digital recreation of the facts relegates their clinical appreciation in favour of automated appreciation. This is how the greatest weight of the background on the new reasoning is founded, but it also opens the door to explore those reasonings according to a transparent and, therefore, reprogrammable decision tree, with the consequent change in key legal-social operators.
- Subjects
LEGAL reasoning; DIGITIZATION; FORECASTING
- Publication
IDP: Revista de Internet, Derecho y Politica, 2023, Issue 39, p1
- ISSN
1699-8154
- Publication type
Article
- DOI
10.7238/idp.v0i39.416197