Paper's abstract

Edouard Rottier, Consequences of Predictive Justice on the Act of Judging
Predictive justice must be understood as a way to tell what can be judged on the basis of what has already been tried. It relies on the exploitation of developing databases of case law. Designed to inform people about the likely outcome of a dispute, it could have the primary effect of dissuading people from resorting to a judge to settle a dispute whose solution would appear predictable. It cannot be a substitute for the act of judging, which consists in rendering a decision substantiated in fact and in law on the basis of elements that have been debated contradictorily. It could, however, enrich legal proceedings and contribute to defining and clarifying the balance between predictability and unpredictability necessary for the exercise of justice.

Key Words : predictability
t. 60, 2018: p. 189-193