La ricerca del precedente nella prospettiva umanistica tra certezza del diritto e stare decisis

The paper focuses on the process of enhancing the nomophylactic function of the Italian Supreme Court, drawing on Jacques Charpentier’s fictional short story Justice 65, written in 1954, as a starting point. The paper highlights the increasing relevance of legal precedents, particularly in the context of the growing use of predictive algorithms and artificial intelligence systems. An anthropocentric approach to algorithmic justice emerges, avoiding unfounded technophobia and instead fostering digital humanism. This approach acknowledges the vast potential of these new systems while being aware of their associated risks.