Empowerment or Deconstruction:How Judicial Reasoning Works in the Digital Age
The digital age has greatly enriched the basis and materials for judicial reasoning,but while facilitating judicial adjudication,it has also altered the methods and means of the adjudication process.The nature of the adjudication process dictates that judgments are inevitable,but these judgments must undergo a process of justification and reasoning.In the context of the digital age,the design of judicial procedures and the application of data must conform to people's requirements and understanding of the essence of justice,reflecting their conceptual views on the law and the choice between codification and case law approaches in addressing judicial complex cases.In practice,it is challenging for designers to predict all legal issues,thus relying on the balancing approach of judges,which represents the case law route.The trend of"digitizing everything"has an empowering impact on the judiciary in a formal sense,but in substantive terms,it is deconstructive.
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