How legal indicators influence a justice system and judicial behavior: the Brazilian National Council of Justice and ‘justice in numbers’

Fortes, Pedro Rubim Borges

doi:10.1080/07329113.2014.994356

“…From this perspective, when the relevant social actors identified as founders, entrepreneurs and architects of the algorithmic society promote the development of magna cartas, Supreme Courts, algorithmic systems and regulation, we may acknowledge the emergence of new legal phenomena in the cyberspace, social networks and virtual realities (Fortes et al, 2022). We also consider the existence of a mathematical turn in law, as mathematical formulas, quantitative methods and statistical analysis are currently a decisive part of what contemporary law is and the tasks performed by law-jobs in contemporary societies (Restrepo Amariles, 2015;2017a;2017b;Fortes, 2015;Restrepo Amariles and McLachlan, 2017).…”

Section: Algorithmic Law As a Craft?mentioning

confidence: 99%

Law-Jobs in the Algorithmic Society

Fortes

¹

,

Restrepo-Amariles

²

2022

SSRN Journal

0

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“…From this perspective, when the relevant social actors identified as founders, entrepreneurs and architects of the algorithmic society promote the development of magna cartas, Supreme Courts, algorithmic systems and regulation, we may acknowledge the emergence of new legal phenomena in the cyberspace, social networks and virtual realities (Fortes et al, 2022). We also consider the existence of a mathematical turn in law, as mathematical formulas, quantitative methods and statistical analysis are currently a decisive part of what contemporary law is and the tasks performed by law-jobs in contemporary societies (Restrepo Amariles, 2015;2017a;2017b;Fortes, 2015;Restrepo Amariles and McLachlan, 2017).…”

Section: Algorithmic Law As a Craft?mentioning

confidence: 99%

Law-jobs in the algorithmic society

Fortes

¹

,

Amariles

²

2022

International Journal of Law in Context

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It is now well established that algorithms are transforming our economy, institutions, social relations and ultimately our society. This paper explores the question – what is the role of law in the algorithmic society? We draw on the law-jobs theory of Karl Llewellyn and on William's Twining refinement of Llewellyn's work through the perspective of a thin functionalism to have a better understanding of what law does in this new context. We highlight the emergence of an algorithmic law, as law performs jobs such as the disposition of trouble-cases, the preventive channelling and reorientation of conduct and expectations, and the allocation of authority in the face of algorithmic systems. We conclude that the law-jobs theory remains relevant to understanding the role of law in the algorithmic society, but it is also challenged by how algorithms redefine who does or should do what law-jobs, and how they are done.

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“…25 First, ProPublica provides anecdotal evidence on how Black defendants were considered to pose a high risk of recidivism in comparison to White defendants, even when their personal record and characteristics of the case did not seem to indicate dangerousness or a clear probability of committing another 16. See Restrepo Amariles (2014); Fortes (2015). 17.…”

Section: Judicial Robots? Lessons From Compasmentioning

confidence: 99%

Paths to Digital Justice: Judicial Robots, Algorithmic Decision-Making, and Due Process

Fortes

¹

2020

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The paths to digital justice focus on the challenges of contemporary digital societies in reaching automated decision-making processes through software, algorithms, and information technology without loss of its human quality and the guarantees of due process. In this context, this article reflects on the possibilities of establishing judicial robots in substitution for human judges, by examining whether artificial intelligence and algorithms may support judicial decision-making independently and without human supervision. The point of departure for this analysis comes from the experience of criminal justice systems with software for judgment of the possibility of recidivism of criminal defendants. Algorithmic decision-making may improve the public good in support of judicial decision-making, but the analysis of current technology and our standards for due process of law recommends caution on the conclusion that robots may replace human judges and satisfy our expectations for explainability and fairness in adjudication.

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How legal indicators influence a justice system and judicial behavior: the Brazilian National Council of Justice and ‘justice in numbers’

Cited by 11 publications

References 17 publications

Law-Jobs in the Algorithmic Society

Law-Jobs in the Algorithmic Society

Law-jobs in the algorithmic society

Paths to Digital Justice: Judicial Robots, Algorithmic Decision-Making, and Due Process

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