Predictive Justice in Criminal Matters: “True Justice”?

Abstract

The aim of the article is to examine whether predictive justice (applied as a substitute or auxiliary to human justice

in criminal matters), can be considered true ‘justice’. In doing so, the article will take as its starting point the idea

that the answer cannot be obtained either by looking at ‘technical’ or 'positive law' constraints but must instead be

investigated from a pre-positive point of view. By ideally bringing into dialogue the two opposing positions expressed

by Pastor and Greco, without forgetting the model of ‘poetic justice’ outlined by Nussbaum, arguments will be

provided in support of the idea that justice, if it is to be defined as such, must remain something intrinsically human.