Law & Psychology eJournal最新文献

A Poverty of the Spirit? Law, Property and Addiction 精神贫困?法律、财产和成瘾

Law & Psychology eJournal Pub Date : 2020-11-03 DOI: 10.2139/ssrn.3730916

Lucy Finchett-Maddock

引用次数: 0

Capacitas Ex Machina: Are Computerised Assessmets of Mental Capacity a Benchmark or 'Red Line' for Artificial Intelligence? 机器能力:计算机化的智力评估是人工智能的基准还是“红线”?

Law & Psychology eJournal Pub Date : 2020-04-20 DOI: 10.2139/ssrn.3582424

Christopher Markou, Lily Hands

{"title":"Capacitas Ex Machina: Are Computerised Assessmets of Mental Capacity a Benchmark or 'Red Line' for Artificial Intelligence?","authors":"Christopher Markou, Lily Hands","doi":"10.2139/ssrn.3582424","DOIUrl":"https://doi.org/10.2139/ssrn.3582424","url":null,"abstract":"This paper traces the history of computers in medicine, focusing on the rise of Expert Systems (ES) in the mid-20th century, to the rise of connectionist AI research in its latter half, and ultimately the development of Automated Mental State Detection (AMSD), fMRI scanning, and human brain interfaces. \u0000 \u0000Following the critique of Joseph Weizenbaum in Computer Power and Human Reason (1976), the paper examines theoretical, practical, and ethical problems for implementing these systems in the real world, and how mental health law and psychiatry are likely to be impacted by near term technological advances which will increasingly 'objectify' the diagnosis and treatment of mental disorders. \u0000 \u0000It concludes with a discussion for how computational reasoning could--and indeed should--operate in the context of mental capacity decisions in England and Wales, and suggests that the use of machines to assess mental capacity should be a \"Red Line\" for the ingress of AI and related technologies. It concludes with reflections on the legal implications of this claim, and identifies opportunities for further research.","PeriodicalId":191231,"journal":{"name":"Law & Psychology eJournal","volume":"144 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123296128","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Conflict, Profit, Bias, Misuse of Power: Dimensions of Governance 冲突、利润、偏见、权力滥用:治理的维度

Law & Psychology eJournal Pub Date : 2020-01-04 DOI: 10.2139/SSRN.3686644

Lionel R. Smith

{"title":"Conflict, Profit, Bias, Misuse of Power: Dimensions of Governance","authors":"Lionel R. Smith","doi":"10.2139/SSRN.3686644","DOIUrl":"https://doi.org/10.2139/SSRN.3686644","url":null,"abstract":"Norms prohibiting conflicts of interest apply in private fiduciary relationships and also to many public office holders. Whether or not such relationships are founded on trust, such norms can cultivate trust towards those holding governance authority, whether in interpersonal, civic or political relationships. In legal and philosophical discourse, however, conflicts of interest are rarely carefully defined. It has become a commonplace that ‘not every breach of duty by a fiduciary is a breach of fiduciary duty’. We must now go on to realize that ‘not every improper action by one who must avoid conflicts of interest is a conflict of interest’. A conflict of interest arises when duty- bound judgment is exercised in the presence of a conflicting interest. There can be conflicts that are not conflicts of interest; and there can be potential conflicts as well as actual ones. The simple misuse of power is not itself conflict of interest; on the contrary, it is the problem that the rules that forbid acting in a conflict situation aim to avoid. Bias is not identical with conflict of interest, although some kinds of bias arise from conflicts. Unauthorized profits are none of the above. They represent a different dimension of the relationship: not the supervision of powers, but the simple fact that when acting for another, one may not extract benefits for oneself. The rules about conflicts can foster trust in proper decision-making, while the rule against unauthorized profits can foster trust in the proper separation between a person’s private and official actions.","PeriodicalId":191231,"journal":{"name":"Law & Psychology eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129422822","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Effects of the Putative Confession and Evidence Presentation on Maltreated and Non-Maltreated 9- to 12- year-olds' Coached Concealment of a Minor Transgression 推定供述和证据出示对9 ~ 12岁受虐待和未受虐待儿童轻微犯罪的教唆隐瞒的影响

Law & Psychology eJournal Pub Date : 2019-12-02 DOI: 10.2139/ssrn.3425511

Angela D. Evans, T. Lyon

{"title":"The Effects of the Putative Confession and Evidence Presentation on Maltreated and Non-Maltreated 9- to 12- year-olds' Coached Concealment of a Minor Transgression","authors":"Angela D. Evans, T. Lyon","doi":"10.2139/ssrn.3425511","DOIUrl":"https://doi.org/10.2139/ssrn.3425511","url":null,"abstract":"The present study examined the influence of the putative confession (in which children are told that the suspect told them “everything that happened” and “wants [the child] to tell the truth”) and evidence presentation on 9- to 12-year-old maltreated and non-maltreated children’s disclosure (N = 321). Half of the children played a forbidden game with an adult confederate which resulted in a laptop breaking (no transgression occurred for the other half of children), followed by coaching to conceal the forbidden game and to falsely disclose the sanctioned game. Children were then interviewed about the interaction with the confederate. Among the 9- to 10-year-olds, the putative confession led to a higher rate of breakage disclosure (62%) than the control condition (13%), and higher rates of leakage of incriminating details during recall (47% compared to 9%). Older children were more likely to disclose than younger children, and uninfluenced by the putative confession. Among all ages, evidence presentation elicited disclosures from 63% of children who had not previously disclosed, without eliciting any false disclosures.","PeriodicalId":191231,"journal":{"name":"Law & Psychology eJournal","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114203902","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

Credibility in Empirical Legal Analysis 实证法律分析中的可信度

Law & Psychology eJournal Pub Date : 2019-08-07 DOI: 10.2139/ssrn.3434095

Hillel J. Bavli

{"title":"Credibility in Empirical Legal Analysis","authors":"Hillel J. Bavli","doi":"10.2139/ssrn.3434095","DOIUrl":"https://doi.org/10.2139/ssrn.3434095","url":null,"abstract":"Quantitative empirical research is central to both legal scholarship and litigation, but there is little confidence in it. This is because researchers can manipulate data to arrive at any result they seek to find. The root of the problem is data fishing, the practice of using data to search for and selectively report results that are statistically significant or otherwise favorable to the researcher. For reasons explained in this article, data fishing invalidates statistical results by causing false positives and false impressions. It creates an environment in which, at best, readers are highly skeptical of statistical analysis and, at worst, they base important decisions, such as policy decisions and jury verdicts, on incorrect information. The practice is nevertheless prevalent in law—often committed by well-intentioned researchers who are unaware of its harms or unaware that their analysis constitutes data fishing. \u0000 \u0000This article exposes the harm that data fishing in empirical legal research causes. It then develops a framework for eliminating data fishing and restoring confidence in empirical analysis in legal scholarship and litigation. This framework, which I call DASS (an acronym for Design, Analyze, Scrutinize, and Substantiate), builds on methods in statistics and is designed for researchers to use to safeguard against data fishing and for consumers of empirical research—including scholars, courts, policymakers, and members of the public—to use to evaluate the reliability of a researcher’s statistical claims. DASS is designed to be simple and flexible, tailored to suit empirical research in law, and a substantial advancement over current anti-data-fishing practices in the social sciences, which have generally been ineffective. It can be applied broadly as a framework for credibility in empirical legal research, as well as to address a range of classical challenges in litigation, such as the hired-gun and battle-of-the-experts problems in evidence law.","PeriodicalId":191231,"journal":{"name":"Law & Psychology eJournal","volume":"140 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130459292","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The Social Psychology of Financial Regulatory Governance 金融监管治理的社会心理学

Law & Psychology eJournal Pub Date : 2019-06-11 DOI: 10.2139/ssrn.3402265

Giuliano G. Castellano, G. Helleringer

引用次数: 0

Thin Empirics: Comment on Allen & Pardo Relative Plausibility and its Critics 薄经验:评艾伦和帕尔多的相对合理性及其批评者

Law & Psychology eJournal Pub Date : 2019-02-28 DOI: 10.2139/ssrn.3289699

Dan Simon

引用次数: 0

Do Constructive Trusts Deter Disloyalty? 建设性信任能阻止不忠吗?

Law & Psychology eJournal Pub Date : 2018-03-10 DOI: 10.53386/nilq.v69i2.90

A. Hicks