Digital Society and hypercognition

the delimitation of Justice to human decision

Abstract

The study analyzes the impacts of technology in the legal field, based on the concept of hypercognition, articulating it with Andy Clark's theory of active externalism. The research is based on the premise that emerging technologies – notably nanotechnologies, biotechnologies, information and cognitive technologies (NBIC) – transform the human cognitive process, especially during judicial decision-making. With this, the objective is to understand whether the hypercognition thesis legitimizes or imposes limits on the use of technologies within the scope of the Judiciary, especially with regard to the preservation of the right to human decision or review. The research is based on the logical-deductive analysis of the article "Active externalism and technological convergence NBIC: the advent of hypercognition", by Kleber Candiotto and Murilo Karasinski; Andy Clark's theory of Active Externalism; and similar legal and philosophical studies. In the end, it is concluded that hypercognition is a natural consequence of the use of technology in Law, but cognition, even if expanded by technology, remains dependent on human mediation and its ability to understand, evaluate and deliberate on the decision-making process itself. Thus, the existence of a natural right to human decision is defended, based on the inseparability between cognition and subjectivity.