Is Law Computable?最新文献

Towards a Democratic Singularity? Algorithmic Governmentality, the Eradication of Politics – And the Possibility of Resistance 走向民主奇点?算法治理，政治的根除——以及抵抗的可能性

Is Law Computable? Pub Date : 2020-05-01 DOI: 10.2139/ssrn.3662411

J. Morison

{"title":"Towards a Democratic Singularity? Algorithmic Governmentality, the Eradication of Politics – And the Possibility of Resistance","authors":"J. Morison","doi":"10.2139/ssrn.3662411","DOIUrl":"https://doi.org/10.2139/ssrn.3662411","url":null,"abstract":"This contribution steps back from considering the operation of AI within the legal process directly and considers a more foundational issue surrounding democracy, and the basic legitimacy for any legal system that can be gained from a connection with ‘the will of the people’. The first section considers briefly how the promise of online consultation has not fully delivered on its democratic potential. The paper then considers new developments in surveillance, where almost all aspects of everyday life are transformed into quantified data, and subject to monitoring and predictive analysis. It is argued that this amounts to a new, pervasive and totalising form of surveillance and control which can be understood best as a form of ‘algorithmic governmentality’. Building upon arguments about consultation, it is contended that developments in technology may in future have the effect of making existing ideas about consultation and democracy redundant as actual preferences can be measured directly without the need for an intermediary political process to represent preferences. This direct presentation of preferences, created by inference from the radical datafication process, offers a false emancipation by appearing to be, by its very nature, all-inclusive and accurate. This is a novel form of governance, seemingly beyond traditional politics and it is one that has the potential to undermine, and then transcend, many of fundamental attributes of citizenship which presently appear as part of the bargain within the government – governed relationship. This contribution seeks to explore the parameters of this development of ‘algorithmic democracy’, and the potential of law and other strategies to operate as resistance.","PeriodicalId":443934,"journal":{"name":"Is Law Computable?","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133768140","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

Punishing Artificial Intelligence: Legal Fiction or Science Fiction 惩罚人工智能:法律小说还是科幻小说

Is Law Computable? Pub Date : 2019-02-01 DOI: 10.2139/SSRN.3327485

Ryan B. Abbott, Alexander Sarch

{"title":"Punishing Artificial Intelligence: Legal Fiction or Science Fiction","authors":"Ryan B. Abbott, Alexander Sarch","doi":"10.2139/SSRN.3327485","DOIUrl":"https://doi.org/10.2139/SSRN.3327485","url":null,"abstract":"Whether causing flash crashes in financial markets, purchasing illegal drugs, or running over pedestrians, AI is increasingly engaging in activity that would be criminal for a natural person, or even an artificial person like a corporation. We argue that criminal law falls short in cases where an AI functionally commits a crime and there are no practically or legally identifiable upstream criminal actors. This Article explores potential solutions to this problem, focusing on holding AI directly criminally liable where it is acting autonomously and irreducibly. Conventional wisdom holds that punishing AI is incongruous with basic criminal law principles such as the capacity for culpability and the requirement for a guilty mind.Drawing on analogies to corporate and strict criminal liability, as well as familiar imputation principles, we show AI punishment cannot be categorically ruled out with quick theoretical arguments. AI punishment could result in general deterrence and expressive benefits, and it need not run afoul of negative limitations such as punishing in excess of culpability. Ultimately, however, punishing AI is not justified, because it might entail significant costs and it would certainly require radical legal changes. Modest changes to existing criminal laws that target persons, together with potentially expanded civil liability, are a better solution to AI crime.","PeriodicalId":443934,"journal":{"name":"Is Law Computable?","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122577693","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: 21

Ex Machina Lex: Exploring the Limits of Legal Computability 机械法:探索法律可计算性的极限

Is Law Computable? Pub Date : 1900-01-01 DOI: 10.5040/9781509937097.ch-002

Christopher Markou, S. Deakin

引用次数: 9

Glossary and Further Reading 词汇和深入阅读

Is Law Computable? Pub Date : 1900-01-01 DOI: 10.5040/9781509937097.0005

引用次数: 0