Repenser la justice au-delà de la marchandisation et de l’algorithmisation
The progress of science cannot be dissociated from its impact on human beings, without tipping over into inhumanity. This is why it is important to check whether the promised rights are as effective as the developments in the procedures. Various concrete illustrations allow us to doubt this and are...
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| Format: | Article ou chapitre numérique |
| Sprache: | Français |
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2024
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| Online Zugang: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Zusammenfassung: | The progress of science cannot be dissociated from its impact on human beings, without tipping over into inhumanity. This is why it is important to check whether the promised rights are as effective as the developments in the procedures. Various concrete illustrations allow us to doubt this and are presented, before studying a paradigm brought up to date with the “politique de l’amiable” (amicable settlement policy), which can certainly lead to a positive assessment of principle when the judge has not a power of proposal, but which is a little more doubious when the amicable settlement is intended to be binding. From this rather bitter observation comes a wish to rethink justice. The first step requires to awaken the conscience of politicians, intellectuals and judges themselves. The second is to curb excessive formalism, which is an obstacle to the right of access to the judge. The AI legal tools and their look of modernity are then analyzed which, echoing the beginning of the 16th century and the figure of Judge Bridoye, should lead us to avoid the outcome of a trial being decided by dice! |
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