Judicial Practice, Noise, and Techno-Optimism

Abstract

There is "noise" when people who are expected to agree end up at very different points regarding the objective, or when, with the same information, variability in interpretation is observed when applying the rules to particular cases. "Noise," a danger that is currently overlooked, jeopardizes fairness in the judicial function. A non-standardized process and arguments of inadequate quality or relevance justifying the decision will produce a "noisy" judicial decision and weak "legal certainty". Proposed remedies include "stylizing" cases, constructing "consensus" solutions that serve as an "application protocol," and incorporating procedural rules for the judicial process and the evaluation of evidence, in order to transform "noise" into "white noise." This will ensure that the observed differences are not due to variability in particular criteria ("noise"), but rather to chance or the particular circumstances of the case.