Doing Justice in a Digital World (LAWS90342)

Digital technologies are profoundly reshaping every facet of how we do justice according to law: the ways in which we make, record and communicate laws; techniques for fact-finding; and how we apply and enforce laws.  These fast-paced changes hold great promise for access to justice – but also pose many risks for the quality of justice, both at a practical level and as a matter of principle.  This subject critically examines the implications of digital technologies—particularly artificial intelligence (AI), data analytics, and digital interfaces—for the enterprise of doing justice in contemporary liberal democracies. 

The subject begins by exploring the different ways in which lawmakers, courts, government agencies, and other decision-makers contribute to the enterprise of doing justice according to law. It then examines the ways in which digital tools are supplementing or replacing traditional processes at every stage of that enterprise. Key themes include the use of digital technologies in the law-making process and legal design; use of digital interfaces by individuals and businesses interacting with governments and other decision-makers; the benefits and risks of using digital tools to support human decision-making; the benefits and risks of automated decision-making; the proliferation of digital data; and the implications of remote and asynchronous participation in justice processes. 

Students will also engage with fundamental concerns about the nature of legal reasoning, legitimacy, transparency and trust in the context of digitalised justice processes. 

Drawing on case studies, regulatory frameworks, and critical scholarship, students will evaluate when and how digital technologies may enhance access to justice, and when they risk undermining it. They will develop the ability to identify and assess risks, weigh ethical and legal considerations, and propose context-sensitive, principled approaches to integrating digital tools in justice systems. 

This subject equips students with the knowledge and skills to navigate a rapidly evolving legal environment, preparing them to engage critically, professionally and innovatively with the future of justice in the digital age. 

Indicative list of principal topics: 

• Doing justice according to law, the evolution of digital technologies, and AI. 
• Access to legal information, including design of laws to enable real-time information about legal rights and obligations, and “justice apps” designed for use by individuals and businesses.   
• Implications of digital technologies for the fact-finding process. 
• Digital interfaces, including online court portals, remote participation and asynchronous participation.
• Use of digital tools, including AI, to support or replace human decision-making. 

Intended learning outcomes

A student who has successfully completed this subject should be able to: 

• Critically evaluate the potential uses and implications of digital technologies in the enterprise of doing justice according to law, with reference to core rule of law principles in liberal democratic systems.
• Analyse the capabilities, limitations and implications of digital and AI tools in law-making, judicial, administrative, and alternative dispute resolution processes.
• Formulate evidence-based arguments concerning the legitimacy and effectiveness of digital interfaces, digitally supported decision-making and automated decision-making in legal contexts.
• Appraise the impact of data abundance, data manipulability and misinformation on legal fact-finding processes, and assess the potential for digital tools to support or compromise those processes.
• Design principled, context-sensitive frameworks for the appropriate use of digital technologies in legal decision-making, balancing efficiency, fairness, and public trust and confidence.

Generic skills

• Advanced analytical reasoning – Apply critical and conceptual thinking to complex legal and technological issues, synthesising information across domains to support sound, defensible conclusions.
• Digital literacy – Navigate, evaluate and utilise contemporary digital and AI tools relevant to legal processes, demonstrating agility in adapting to emerging technologies in professional contexts.
• Effective communication – Communicate complex legal and technological concepts clearly and persuasively, in both oral and written forms, for diverse audiences including legal professionals, policymakers and the public.
• Ethical and professional judgement – Exercise sound ethical reasoning when evaluating the social, legal and institutional implications of digital innovation in justice systems.