Open AccessThe impact of digital technologies on the activities of law professionals and authorized mediators
Author(s) -
Iurie Mihalache,
Constantin Mihalescu
Publication year - 2022
Publication title -
revista naţională de drept
Language(s) - English
Resource type - Journals
eISSN - 2587-411X
pISSN - 1811-0770
DOI - 10.52388/1811-0770.2021.3(245).06
Subject(s) - legal profession , legal education , economic justice , independence (probability theory) , law , disadvantaged , subjectivism , multitude , power (physics) , practice of law , order (exchange) , political science , sociology , public relations , business , epistemology , philosophy , statistics , physics , mathematics , finance , quantum mechanics
The digitalization of the public system and, implicitly, of the justice system have been accelerated by the appearance of the Covid-19 virus. Legal professionals: judges, prosecutors, lawyers, legal advisers, bailiffs, mediators, etc., took full advantage of this facility offered by the digitalization tool. According to the agreement on the text of the Council’s conclusions draft regarding “Access to justice - capitalizing on the opportunities offered by digitalization” considering the reunion on 7th October 2020, the use of artificial intelligence tools should not affect the decision-making power of judges, nor the judicial independence. A legal decision must always be carried out by a human being and cannot be delegated to an artificial intelligence instrument”. We consider, thus, that the person who interprets a text of law must have a balanced approach, so as not to exceed the limits, and the law must be interpreted both in the letter and in its spirit. In order to be able to interpret the law in its spirit, that person must possess a true civic education integrating a multitude of disciplines. The evolution of current education tends to rather create individuals lacking a real civic education, fact which would lead, implicitly, to the training of individuals unable to pay due attention to the spirit of a legal act. Disadvantaged in this regard will be lawyers and mediators, in general, as they have to deal with situations involving a high dose of subjectivism.