Litigation and new technologies in post-conventional societies

The increase in the volume of litigation verified since the 1990’s, having the Brazilian society as context, made the judiciary open itself to new technologies which facilitate the access to justice, as well as to a fast
The increase in the volume of litigation verified since the 1990’s, having the Brazilian society as context, made the judiciary open itself to new technologies which facilitate the access to justice, as well as to a faster resolution of the demands. However, the intense insertion of technical rationalization in the process and decision operations by the judiciary, during the last years, led to a legalization supported by presuppositions of technical-instrumental regulation. According to the goal policy established by the CNJ, the annoyance of the instrumental rationality is present “with respect to purposes”, which demands, more and more, a mere fulfillment of previously instituted goals from the law operators. The matter is to know if the implementation of new technologies to solve the growing litigation coming from the complexity of societies is enough to adjust the Law to a post-conventional platform. If the social complexity implies resources coming from new technologies, it’s not certain that such technologies, on their own, satisfactorily answer a judicial model which, seen under the eyes of the post- conventional legitimacy and regulation, is adequate to complex societies. This illustrates that a judicial model, able to deal with the social plurality, must take into account not only the rules of instrumental rationality, but also the fundamental issues of communicative rationality. This current work intends to evaluate if the applicability of the instrumental rationality in the judiciary equally allows the law to extent the useful conditions of the communicative rationality to the consensual formation of will and opinion in the Democratic State of Law.
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Metadaten
Author:Clodomiro José Bannwart Junior, Carlos Frederico Oléa
URN:urn:nbn:de:hebis:30:3-249484
Series (Serial Number):25th IVR World Congress: Law, Science and Technology Frankfurt am Main 15–20 August 2011 ; Paper Series (090)
Publisher:Goethe-Univ.
Place of publication:Frankfurt am Main
Document Type:Conference Proceeding
Language:English
Year of Completion:2012
Year of first Publication:2012
Publishing Institution:Univ.-Bibliothek Frankfurt am Main
Release Date:2012/08/10
Tag:Brazilian Judiciary; Democratic State of Law; Ethical; Habermas; Law; Moral
Institutes:Rechtswissenschaft
Dewey Decimal Classification:340 Recht
Sammlungen:Universitätspublikationen
Licence (German):License Logo Veröffentlichungsvertrag für Publikationen

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