Rethinking digital justice

Abstract

Digital technology redefines the way that justice is delivered and received. This observation led to a number of insights on how to describe this still developing field of what is often referred to as digital justice. But what exactly is digital justice? What is included and what is not? Academic literature and policy documents have dealt with digital justice in both civil and criminal justice by roughly using two approaches: a more restrictive approach using technology and the focal point and a wider approach using technology as the starting point for a further analysis of its impact on human rights. Both approaches have their merits. Yet, since the topic of digitalisation and justice is an ever-evolving theme, it is necessary to study what both approaches consist of and whether they stand the test of time. For that reason, this paper first unpacks how academia and policy have defined digital justice thus far and second, how digital justice could be defined. The goal is to conclude in a comprehensive definition of digital justice.

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