Life and the Law in the Era of Data-Driven Agency最新文献

Introduction: Life and the law in the era of data-driven agency 导读:数据驱动代理时代的生活与法律

Life and the Law in the Era of Data-Driven Agency Pub Date : 2020-01-31 DOI: 10.4337/9781788972000.00006

M. Hildebrandt, K. O’Hara

引用次数: 2

In defence of ‘Toma’: Algorithmic enhancement of a sense of justice 为“Toma”辩护:正义感的算法增强

Life and the Law in the Era of Data-Driven Agency Pub Date : 2020-01-31 DOI: 10.4337/9781788972000.00016

D. Stevens

{"title":"In defence of ‘Toma’: Algorithmic enhancement of a sense of justice","authors":"D. Stevens","doi":"10.4337/9781788972000.00016","DOIUrl":"https://doi.org/10.4337/9781788972000.00016","url":null,"abstract":"His work falls within the areas of analytical political philosophy, and rational choice theory. His main areas include religious views, and the philosophy of education. He is author of (with Kieron O’Hara) The Devil’s Long Tail: Religious and other Radicals in the Internet Marketplace (Oxford). Abstract Despite serious reservations over issues of transparency, accountability, bias, and the like, algorithms offer a potentially significant contribution to furthering human well-being via the influencing of beliefs, desires, and choices. Should governments be permitted to leverage socially beneficial attitudes, or enhance the well-being of their citizens via the use of algorithmic tools? In this chapter I argue that there are principled moral reasons that do not permit governments to shape the ends of individuals in this way, even when it would contribute a positive benefit to well-being. Such shaping would undermine the kinds of ethical independence that state legitimacy is based upon. However, I also argue that this does not apply to what Rawls calls a ‘sense of justice’ – the dispositions necessary to uphold just political and socioeconomic institutions. Where traditional methods of influence, such as education, prove lacking, then algorithmic enhancement towards those ends may be permissible. Mireille Hildebrandt’s fictitious piece of computational software – ‘Toma’ – serves as the point of departure for this argument, and provides many of the insights regarding the autonomic nature of such influence.","PeriodicalId":234582,"journal":{"name":"Life and the Law in the Era of Data-Driven Agency","volume":"138 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125748366","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

Between the editors 编辑之间

Life and the Law in the Era of Data-Driven Agency Pub Date : 2020-01-31 DOI: 10.4337/9781788972000.00007

K. O’Hara, M. Hildebrandt

引用次数: 0

Artificial intelligence, affordances and fundamental rights 人工智能，支持和基本权利

Life and the Law in the Era of Data-Driven Agency Pub Date : 2018-12-11 DOI: 10.4337/9781788972000.00018

C. B. Graber

{"title":"Artificial intelligence, affordances and fundamental rights","authors":"C. B. Graber","doi":"10.4337/9781788972000.00018","DOIUrl":"https://doi.org/10.4337/9781788972000.00018","url":null,"abstract":"This paper is about the relationship between AI technology and society in fundamental rights theory. In fundamental rights doctrine, the relationship between technology and society is seldom reflected. Legal practitioners tend to view technology as a black box. For scholars of science and technology studies (STS), similarly, the law is a closed book. Such reductionist or compartmentalised thinking in the law and social sciences must be overcome if a conceptualisation of AI technology in fundamental rights theory is to be successful.The paper offers a perspective on these issues that is based on a re-interpretation of affordance theory (as originally framed in STS). First, the question “how do affordances come into a technology?” is answered from the viewpoint of Bryan Pfaffenberger’s “technological drama”. Accordingly, the affordances (the possibilities and constraints of a technology) are shaped in a dialogue between a “design constituency” and an “impact constituency” in which the technology’s materiality and sociality are co-determined. Second, this theory is applied to study the co-determination of AI technology. Finally affordance theory is combined with socio-legal theorising that understands fundamental rights as social institutions bundling normative expectations about individual and social autonomies. How do normative expectations about the affordances of AI technology emerge and how are they constitutionalised?","PeriodicalId":234582,"journal":{"name":"Life and the Law in the Era of Data-Driven Agency","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125212382","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

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Life and the Law in the Era of Data-Driven Agency Pub Date : 1900-01-01 DOI: 10.4337/9781788972000.00008

引用次数: 0

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Life and the Law in the Era of Data-Driven Agency Pub Date : 1900-01-01 DOI: 10.4337/9781788972000.00014

引用次数: 0