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date: 23 March 2019

Abstract and Keywords

This chapter analyses how technological systems shape the actions and the outcomes of judicial proceedings, through discussing the regulative regimes underpinning technical and legal deployment. The negotiation, mediation, or conflict between law and technology offer a new dimension to account for the digital transformation shaping the institutional settings and procedural frameworks of judicial institutions. These changes are not just instances of applied law, but are also the result of the transformation of law evolving into technological deployments. The chapter concludes that technological innovation in the judiciary unfolds in techno-legal assemblages. Technologies shape judicial institutions as they translate formal rules and existing practices into the code of technology. At the same time, technologies call for new regulations, which make legally compliant the use of given technological components within judicial proceedings. Such new techno-legal assemblages generate new institutional settings and profound changes in the administration of civil justice.

Keywords: e-justice, e-government, techno-legal assemblages, civil proceedings, court technology, case management systems, e-filing, integrated judicial systems

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