Philosopher Hanzi Freinacht proposes a metamodern law system as an alternative to our current modern system. They criticize the irrationalities of the criminal justice systems in functional liberal democracies and argue that the shared philosophical basis of modern legal systems is flawed. They point out that the current system lacks rationality, personal expression, emotional support, and consideration of the parties specific needs. The author suggests that justice should be more case-tailored and resemble medical or psychiatric procedures, where interventions are based on diagnostics and best practices.

The author discusses restorative justice and therapeutic jurisprudence as existing approaches but highlights their limitations. They propose a vision for a future metamodern justice system that incorporates elements of both approaches. This system would view the trial as a communicative event with significant social consequences. Expert mediators would help the parties clarify their positions and emotional needs. The court would consider the psycho-social parameters of the situation and gather relevant data to predict the consequences of different interventions.

A wide range of possible interventions would be considered, and expert mediators would guide court proceedings. The court would reach a verdict based on the best possible consequences for the parties involved, and the results of the interventions would be evaluated and recorded. The parties would be engaged in a communicative process to explain the verdict and its rationale. All data would be collected in a public database for analysis and future reference.

In summary, the author advocates for a metamodern justice system that prioritizes personal expression, emotional support, and case-tailored interventions while incorporating empirical research and evaluation of outcomes.

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