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Adaptation of Courts to Disruption 法院对颠覆的适应
Law, Technology and Humans Pub Date : 2023-03-13 DOI: 10.5204/lthj.2670
G. Ng
{"title":"Adaptation of Courts to Disruption","authors":"G. Ng","doi":"10.5204/lthj.2670","DOIUrl":"https://doi.org/10.5204/lthj.2670","url":null,"abstract":"This article reflects on how courts in the USA and England have remained active and resilient in providing access to justice, or due process, during times of emergency and disruptive events. The focus here is not to define emergencies per se but to analyse the impact of emergencies and disruptive events that interrupt the functioning of courts and access to justice. The article provides a brief examination of some emergencies and disruptions and the expected responses to those interruptions. The question for this paper is: how do courts adapt (or are adapted) in times of emergencies that disrupt their ordinary operation, both in terms of continuity of operations and in terms of protection of rights through judicial review? This paper will primarily examine two common law examples (from England and the USA) of how the courts adapted to such disruptions.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134099141","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 Transfer of What? Electronic Conveyancing and the Destabilisation of Property 转让什么?电子转易与财产的不稳定
Law, Technology and Humans Pub Date : 2023-02-22 DOI: 10.5204/lthj.2544
Sarah Keenan
{"title":"The Transfer of What? Electronic Conveyancing and the Destabilisation of Property","authors":"Sarah Keenan","doi":"10.5204/lthj.2544","DOIUrl":"https://doi.org/10.5204/lthj.2544","url":null,"abstract":"In jurisdictions around the world, the previously paper-based practice of conveyancing is being digitised. The move to ‘e-conveyancing’ has attracted little critical attention and tends to be regarded as a mere change of form rather than substance. In this article, I examine Australia’s move to national, platform-based electronic conveyancing, focusing on legal and practical changes made in the state of New South Wales to facilitate that move, asking how changes in the legal form of property affect its substance. Using legal analysis and engaging with a range of interdisciplinary literature on materiality, I argue that these digitising reforms involve a new structure of governance for the transfer of property in land, which in turn has negative implications for the relevance of subject-owns-object theories of property and the status of the proprietor. Although the diminution of proprietor status is presently occurring in ways that bolster the power of corporate finance, the shift away from older modes of landownership nonetheless presents a moment of potential disruption to the political regimes they help uphold, and an opportunity to reimagine what property is and could be.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128860813","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
Testing Embryos for IQ 测试胚胎的智商
Law, Technology and Humans Pub Date : 2022-12-05 DOI: 10.5204/lthj.1869
Michelle De Souza
{"title":"Testing Embryos for IQ","authors":"Michelle De Souza","doi":"10.5204/lthj.1869","DOIUrl":"https://doi.org/10.5204/lthj.1869","url":null,"abstract":"In 2018, an American biotechnology company developed a test that could identify if an embryo created through in-vitro fertilisation would become a person with a low intelligence quotient. As the same approach could be used to predict if an embryo will become a person with an above average intelligence quotient, such tests raise questions about reproductive choice and what sort of children prospective parents should have the freedom to create through assisted reproductive technology. Much of the literature on the ethics of selecting for non-disease characteristics was published prior to the development of any test for such characteristics. This article reviews and applies these arguments in the context of the Australian regulatory framework and the technology that is currently available: a test for intelligence quotient. It examines the concept of reproductive liberty and how this concept should be balanced against the welfare of the future child. The article also considers reasons extraneous to the future child’s welfare and asks if any such reasons are good enough to restrict the reproductive liberty of prospective parents.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"382 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121769064","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
Jurisprudence of the Future 未来法理学
Law, Technology and Humans Pub Date : 2022-11-14 DOI: 10.5204/lthj.2639
A. Green, Mitchell Travis, Kieran Tranter
{"title":"Jurisprudence of the Future","authors":"A. Green, Mitchell Travis, Kieran Tranter","doi":"10.5204/lthj.2639","DOIUrl":"https://doi.org/10.5204/lthj.2639","url":null,"abstract":"The future is in flux. There are many vectors of change, and none seem positive. Dark dystopian futures of war, climate catastrophe, polarising inequalities and digital disruption seem to be looming. This narrating of the future suggests the significance of science fiction. Science fiction acts as a storehouse for the imagining of the future. It also offers new approaches to justice and law. This symposium on ‘Jurisprudence of the Future’ contains contributions that bring together science fiction, justice and law. There is a sense of urgency to the contributions, to understand the science fictionality of the present and imagining alternative futures.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124722788","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
‘The Changes that Face Us’: Science Fiction as (Public) Legal Education “我们面临的变化”:科幻小说作为(公共)法律教育
Law, Technology and Humans Pub Date : 2022-11-14 DOI: 10.5204/lthj.2488
C. Newbery-Jones
{"title":"‘The Changes that Face Us’: Science Fiction as (Public) Legal Education","authors":"C. Newbery-Jones","doi":"10.5204/lthj.2488","DOIUrl":"https://doi.org/10.5204/lthj.2488","url":null,"abstract":"Much has been written on how science fiction allows us to interrogate imagined societal changes and potential yet-to-be realised futures. It also allows those who consume such texts to reflect upon their contemporaneous societies This paper refocuses this understanding of science fiction from an original and novel perspective, arguing that science fiction texts perform an educative function and can be considered a form of public legal education. To this end, this paper argues that science fiction performs a jurisprudential function in its treatment and popular presentation of legal issues and themes. Science fiction allows audiences and consumers to conceptualise abstract jurisprudential concepts, whether they are engaged with less interactive media (such as television or film) or experimenting more actively with these concepts via dynamic media (such as video games and tabletop role-playing games). This distinction between less interactive and more interactive media draws upon previous work by Newbery-Jones in 2015 that examined the jurisprudence of video games and the phenomenology of justice. It also focuses on science fiction’s potential to contribute to formal and public legal education. Finally, this paper explains the importance of public legal education in the twenty-first century and highlights science fiction’s critical role in encouraging engagement with jurisprudential themes and legal subject matter within the shifting sociopolitical landscape of the last decade.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121776525","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
Reproductive Justice: The Final (Feminist) Frontier 生殖正义:最后的(女权主义)前沿
Law, Technology and Humans Pub Date : 2022-11-14 DOI: 10.5204/lthj.2468
Zoe Tongue
{"title":"Reproductive Justice: The Final (Feminist) Frontier","authors":"Zoe Tongue","doi":"10.5204/lthj.2468","DOIUrl":"https://doi.org/10.5204/lthj.2468","url":null,"abstract":"From Gattaca to Star Trek, problematic tropes surrounding reproduction can easily be found in works of mainstream science fiction. Such tropes uphold conservative anxieties around reproductive technologies, abortion, and pregnancy, and these works thus become influential in legal, ethical, and policy discussions on these issues. In contrast, feminist science fiction attempts to expose reproductive injustice, both current and future, through portrayals of prototype social-legal contexts. In this article, I argue that feminist science fiction works are, therefore, of importance for feminist legal theory as they can help us imagine a radically transformed future for reproduction. I consider the work of Octavia Butler and Laura Lam as examples of reproductive dystopia highlighting current, past, and potential future socio-legal injustices. These feminist works call for change grounded in the lived experiences of women and people capable of becoming pregnant.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130024626","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
Nicole Perlroth (2021) This is How They Tell Me the World Ends: The Cyberweapons Arms Race. New York: Bloomsbury Publishing 妮可·珀罗斯(2021)《这就是他们如何告诉我世界末日:网络武器军备竞赛》。纽约:布卢姆斯伯里出版社
Law, Technology and Humans Pub Date : 2022-11-14 DOI: 10.5204/lthj.2658
S. Haataja
{"title":"Nicole Perlroth (2021) This is How They Tell Me the World Ends: The Cyberweapons Arms Race. New York: Bloomsbury Publishing","authors":"S. Haataja","doi":"10.5204/lthj.2658","DOIUrl":"https://doi.org/10.5204/lthj.2658","url":null,"abstract":"Samuli Haataja reviews This Is How They Tell Me the World Ends: The Cyberweapons Arms Race by Nicole Perlroth","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116097636","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
Black/African Science Fiction and the Quest for Racial Justice through Legal Knowledge: How Can We Unsettle Euro-modern Time and Temporality in Our Teaching? 黑人/非洲科幻小说与通过法律知识寻求种族正义:我们如何在教学中扰乱欧洲-现代的时间和时间性?
Law, Technology and Humans Pub Date : 2022-11-14 DOI: 10.5204/lthj.2507
Foluke Adebisi
{"title":"Black/African Science Fiction and the Quest for Racial Justice through Legal Knowledge: How Can We Unsettle Euro-modern Time and Temporality in Our Teaching?","authors":"Foluke Adebisi","doi":"10.5204/lthj.2507","DOIUrl":"https://doi.org/10.5204/lthj.2507","url":null,"abstract":"This paper argues that the relationship between law, time, temporality, race and racism is vital to understanding the continuous reproduction of racial injustice and the making permanent of colonial logics. This entanglement is exemplified in the extension, recreation and adaptation of those colonial logics of the human and space-time beyond the time of both racialised enslavement and exploitative colonisation. This paper further argues that the absence of a detailed and central examination of these junctures within legal knowledge – especially in teaching but also in research – can be addressed by recourse to science fiction. A specific area of science fiction, collectively termed here Black/African Science Fiction, has made inroads into unsettling Euro-modern law’s chronopolitics. Using Octavia Butler’s Kindred as an example, this paper argues that Black/African Science Fiction can help us to reframe legal knowledge to disrupt the inevitability of our current version of the future and the question of inevitability itself.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124037579","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
Jurisprudence, Temporality and Science Fiction 法理学、时间性与科幻小说
Law, Technology and Humans Pub Date : 2022-11-14 DOI: 10.5204/lthj.2485
Mitchell Travis
{"title":"Jurisprudence, Temporality and Science Fiction","authors":"Mitchell Travis","doi":"10.5204/lthj.2485","DOIUrl":"https://doi.org/10.5204/lthj.2485","url":null,"abstract":" \u0000This article examines how justice is conceived of and constructed through temporality in different traditions of normative jurisprudence. Three non-exhaustive and overlapping temporalities are discussed: counterfactual histories, the near future and science fiction. All of these temporalities are examined in terms of when and how they envisage the delivery of justice. Some traditions, such as liberalism, see the architecture of justice having already been developed and delivered. However, most jurisprudential approaches see justice as something yet to be achieved. The article traces these theoretical traditions’ commitment to the pluralistic, the nonlinear, the impossible, the unlikely and the decentring of the human, and in so doing demonstrates the blurred lines between normative jurisprudence and science fiction. As a result, the article reveals the value of science fiction as a source of normative jurisprudence in its own right. Science fiction offers an important vehicle for enfolding the present and the future; in doing so it allows for the enactment of new forms of justice in the present. In its conclusion it is argued that placing science fiction within the field of normative jurisprudence helps us to imagine and create just futures.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129737228","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
Framing the Future: The Foundation Series, Foundation Models and Framing AI 构建未来:基础系列，基础模型和框架AI
Law, Technology and Humans Pub Date : 2022-11-14 DOI: 10.5204/lthj.2452
Clare Williams
{"title":"Framing the Future: The Foundation Series, Foundation Models and Framing AI","authors":"Clare Williams","doi":"10.5204/lthj.2452","DOIUrl":"https://doi.org/10.5204/lthj.2452","url":null,"abstract":"Are we at risk of preserving in digital aspic current hegemonic ways of doing, talking and thinking about law and economy? Our dominant frames are those of neoclassical economics and doctrinal law, which, combined, align with neoliberal assumptions and preferences. Invisible through their ubiquity, these partially reveal and conceal problems and solutions, perpetuating inequalities. And yet, unlike social biases, our framing tends to fly largely under the radar, as we see in Isaac Asimov’s Foundation series.\u0000Taking three themes from Asimov’s work that align with current hegemonic frames, namely the centrality of the individual as the subject, a belief in scientism and technological progress to save humanity, and a dissatisfaction with the limitations of language, this paper explores what, how and why we might exercise caution in the development of natural language processing (NLP) artificial intelligence (AI). By drawing parallels with Asimov’s work and the development of foundation models that underpin all NLP AI systems, this paper asks to what extent neoliberal framing and the inequalities perpetuated therein might come to be embedded in future technologies.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129269418","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
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