The Future: AI And The Erosion (Or Evolution) Of Judicial Discretion

The litigation team at Soroker Agmon Nordman Riba recently submitted a closing brief in a decade-long civil litigation which originated in the aftermath of the infamous Madoff affair, predominantly based on the Israeli Law of Unjust Enrichment, 5739-1979 (the "UE Law"). This landmark case brings to the forefront a critical tension between the rigid application of law and the necessity of dynamic judicial discretion.

Judicial discretion as a judicial safeguard

The UE Law, anchored in principles of fairness, justice, and integrity, contemplates a world defined by human interactions (e.g. erroneous payment, building inadvertently across property lines, receipt of stolen funds as donations, etc.). At its core, the law seeks to prevent individuals from benefiting at another's expense without legal justification.