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INŠTITUCIONALIZMUS AKO METÓDA SKÚMANIA ALGORITMICKEJ SPRAVODLIVOSTI

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Krištofík A.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2024
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vol. 107
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issue 5
477 – 487
EN
The following article is an attempt on theoretical grounding of the arising phenomena – that of an algorithmic justice, within an existing framework of legal methodology. After firstly rejecting both positivist and naturalist approach, the article arrives, through consideration of pragmatism, to the ultimate fit of an institutionalist approach. Such approach is further narrowed to the theory of Oto Weinberger whose, as is briefly described, most fittingly captures the tensions of formalist and materialist approach to justice inherent in algorithmic application of law and in his study of social institutions sketches out the approach of developing algorithmized decision making processes within the rule of law.
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