The Future of Comparative Law Quantitative Methods In Comparative Law: Navigating Legal Friction In The Age Of Algorithmic Justice

50 Pages Posted: 11 Nov 2024

See all articles by P. G. Monateri

P. G. Monateri

University of Turin - Faculty of Law; SciencesPo, Ecole de Droit

Date Written: September 09, 2024

Abstract

In this paper, we will explore the future of comparative law through the lens of the growing influence of quantitative methods and algorithmic justice in a world increasingly dominated by artificial intelligence. In recent years, the application of quantitative models in comparative law has taken on a central role, offering new insights into the functioning and efficiency of legal systems across jurisdictions. These models have followed two distinct trajectories: one rooted in economics, driven by the pursuit of efficiency and the ranking of legal systems; the other emerging from comparative literature, focusing on textual and network analysis to map the interpretive processes and evolution of legal norms. Both approaches, while offering valuable tools for understanding complex legal structures, also raise critical questions about the biases and limitations inherent in quantifying legal processes. In this paper, we will explore these different methodologies, their implications, and the role that legal friction plays as a counterbalance to the frictionless ideal promoted by algorithmic justice and predictive.

Keywords: comparative law, quantitative methods, legal friction, algorithm, justice, Government Formation, Judicial Timing, Conflict of Laws

Suggested Citation

Monateri, Pier Giuseppe and Monateri, Pier Giuseppe, The Future of Comparative Law Quantitative Methods In Comparative Law: Navigating Legal Friction In The Age Of Algorithmic Justice (September 09, 2024). Available at SSRN: https://ssrn.com/abstract=4969241 or http://dx.doi.org/10.2139/ssrn.4969241

Pier Giuseppe Monateri (Contact Author)

SciencesPo, Ecole de Droit ( email )

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University of Turin - Faculty of Law ( email )

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Torino, 10121
Italy
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