العدالة التنبئية و العدالة القضائية الفرص و التحديات : دراسة نقدية معمقة في الموقف الأنكلوسكسوني و اللاتيني

Abstract EN

This research presents an original academic study that investigates, in an in-depth analytical methodology, one of the most controversial debate issues in the circles of the western, in particular the French, jurisprudence.

In his respect, we mean the reality of the judicial justice in the digital age as per the concept of the "predictive justice", and the consequent effect of such justice on the judicial justice, within the system of legal justice in the French legislation, while shedding light as much as possible on the Anglo-Saxon experiences.

This is carried out as per a research outline that displays in its first part the opportunities that are provided by such concept for the judicial justice system as a whole, particularly in the shadow of reinforcing the principle of the democracy of justice.

In the second part, it displays the challenges imposed by such concept on this traditional justice system and the fear of molding the judicial justice system digitally and regionally.

The research has demonstrated that, with the age of digital openness, if the justice in its traditional form has become closer from various workers in it, it has become in contrast more costly for those who are wishing to deal with it via its digital form.

In this way, it makes it as "predictive" a more open and more costly justice.

The research also displays the situation of anxiety and anticipation that involves this concept in the French legal environment: between the concept of glass justice, through the digital calculation justice, to reach the capitalism justice, not to mention the standardization of judicial work ina duplicate digital template of an Anglo-Saxon source and identity.

In light of the above findings, the researcher recommends that it is necessary to address all the fears that are raised by the predictive justice as challenges rather than obstacles, showing that our present disability is a natural outcome of lacking our understanding of the issue! Our success in this issue is governed by our capability of adaptation and delicate understanding of this newcomer in order to welcome it in addition to co-existence with it to achieve the highest possible benefits with the lowest possible losses.

At the same time, it emphasizes that any talk about a digital predictive justice capable of replacing the traditional justice is merely an imagination that cannot be achieved at present, since justice in its thought and composition is a human nature rather than digital entity.