Oxford Journal of Legal Studies最新文献

The Impoverished Publicness of Algorithmic Decision Making 算法决策的贫乏公共性

IF 1.4 2区社会学

Oxford Journal of Legal Studies Pub Date : 2024-08-10 DOI: 10.1093/ojls/gqae027

Neli Frost

{"title":"The Impoverished Publicness of Algorithmic Decision Making","authors":"Neli Frost","doi":"10.1093/ojls/gqae027","DOIUrl":"https://doi.org/10.1093/ojls/gqae027","url":null,"abstract":"\u0000 The increasing use of machine learning (ML) in public administration requires that we think carefully about the political and legal constraints imposed on public decision making. These developments confront us with the following interrelated questions: can algorithmic public decisions be truly ‘public’? And, to what extent does the use of ML models compromise the ‘publicness’ of such decisions? This article is part of a broader inquiry into the myriad ways in which digital and AI technologies transform the fabric of our democratic existence by mutating the ‘public’. Focusing on the site of public administration, the article develops a conception of publicness that is grounded in a view of public administrations as communities of practice. These communities operate through dialogical, critical and synergetic interactions that allow them to track—as faithfully as possible—the public’s heterogeneous view of its interests, and reify these interests in decision making. Building on this theorisation, the article suggests that the use of ML models in public decision making inevitably generates an impoverished publicness, and thus undermines the potential of public administrations to operate as a locus of democratic construction. The article thus advocates for a reconsideration of the ways in which administrative law problematises and addresses the harms of algorithmic decision making.","PeriodicalId":47225,"journal":{"name":"Oxford Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2024-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141920361","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Ships of State and Empty Vessels: Critical Reflections on ‘Territorial Status in International Law’ 国家船舶和空船：对 "国际法中的领土地位 "的批判性思考

IF 1.2 2区社会学

Oxford Journal of Legal Studies Pub Date : 2024-08-10 DOI: 10.1093/ojls/gqae026

Alex Green

引用次数: 0

Forum Marketing in International Commercial Courts? 国际商事法院的论坛营销？

IF 1.2 2区社会学

Oxford Journal of Legal Studies Pub Date : 2024-07-04 DOI: 10.1093/ojls/gqae022

Georgia Antonopoulou

引用次数: 0

Corporate Purpose Swings as a Social, Atheoretical Process: Will the Pendulum Break? 企业宗旨的摇摆是一个社会的、理论的过程：钟摆会打破吗？

IF 1.2 2区社会学

Oxford Journal of Legal Studies Pub Date : 2024-06-01 DOI: 10.1093/ojls/gqae019

Michael Galanis

{"title":"Corporate Purpose Swings as a Social, Atheoretical Process: Will the Pendulum Break?","authors":"Michael Galanis","doi":"10.1093/ojls/gqae019","DOIUrl":"https://doi.org/10.1093/ojls/gqae019","url":null,"abstract":"This article argues that conceptualising corporate purpose as a normative question which can be examined in isolation from its socio-historical context is inappropriate and ultimately futile. Corporate purpose is examined here as historically determined, a social fact, independently from whichever theoretical position might prevail in scholarly debates. Interestingly, corporate law doctrine pertinent to corporate purpose has remained mostly static but fairly open-ended. This has allowed purpose itself to oscillate between shareholder primacy and the balancing of stakeholder interests rather seamlessly as a socio-historical phenomenon. However, the article finds that, where it is used by private business organisation, corporate law has a limited capacity to accommodate purpose oscillations. Those are limited to merely one-dimensional movements representing corporate income distribution choices considered as socially legitimate each time. Using concepts such as Polanyi’s ‘double-movement’ and Gramsci’s ‘passive revolution’, the article argues that, for as long as social dynamics focused on wealth distribution, private corporate purpose had little difficulty in absorbing social critique and in finding a legitimacy basis for the private business corporation. However, more recently, critique has been shifting away from merely distributional trepidations and towards other non-economic concerns caused by economic growth per se. These concerns add new dimensions for corporate purpose oscillations, which cannot be accommodated irrespective of how open-ended corporate law doctrine on purpose might be. The article concludes with an analysis of what this might entail for corporate law as a socially legitimate structure for private business.","PeriodicalId":47225,"journal":{"name":"Oxford Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141193935","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Applying Laws Across Time: Disentangling the ‘Always Speaking’ Principles 跨越时间应用法律：解读 "永远说话 "原则

IF 1.2 2区社会学

Oxford Journal of Legal Studies Pub Date : 2024-05-10 DOI: 10.1093/ojls/gqae014

Martin David Kelly

引用次数: 0

‘Hard AI Crime’: The Deterrence Turn 硬人工智能犯罪威慑转向

IF 1.2 2区社会学

Oxford Journal of Legal Studies Pub Date : 2024-05-07 DOI: 10.1093/ojls/gqae018

Elina Nerantzi, Giovanni Sartor

引用次数: 0

The Data Crowd as a Legal Stakeholder 作为法律利益相关者的数据人群

IF 1.2 2区社会学

Oxford Journal of Legal Studies Pub Date : 2024-05-06 DOI: 10.1093/ojls/gqae017

Shelly Kreiczer-Levy

引用次数: 0

'Everything is Obstetric Violence Now': Identifying the Violence in 'Obstetric Violence' to Strengthen Socio-legal Reform Efforts. 现在一切都是产科暴力"：识别 "产科暴力 "中的暴力，加强社会法律改革努力。

IF 1.4 2区社会学

Oxford Journal of Legal Studies Pub Date : 2024-05-04 eCollection Date: 2024-01-01 DOI: 10.1093/ojls/gqae016

Camilla Pickles

{"title":"'Everything is Obstetric Violence Now': Identifying the Violence in 'Obstetric Violence' to Strengthen Socio-legal Reform Efforts.","authors":"Camilla Pickles","doi":"10.1093/ojls/gqae016","DOIUrl":"https://doi.org/10.1093/ojls/gqae016","url":null,"abstract":"<p><p>Since its global uptake, 'obstetric violence' is increasingly used to capture any/all violations during reproductive healthcare, with few conceptual limits. Consequently, it runs the risk of becoming an overgeneralised concept, making it difficult to operationalise in socio-legal reform efforts. This article draws on the Latin American origins of the concept and aims to provide a theoretical framework to support a focused and coherent socio-legal reform agenda. It offers a universal definition of violence, being the violation of physical or psychological integrity, and localises this definition using the 'view from everywhere'. The article proposes that violence will qualify as 'obstetric violence' if the violation of integrity occurs in the context of antenatal, intrapartum and postnatal care. Further, the subject of the violence is the birthing woman, trans or non-binary person. Thinking in terms of a 'continuum of violence' in reproductive healthcare ensures that different forms of obstetric violence are recognised and helps envisage overlaps with other violences.</p>","PeriodicalId":47225,"journal":{"name":"Oxford Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2024-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11368831/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142134175","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Case Against Human Rights Penality 反对人权刑罚

IF 1.2 2区社会学

Oxford Journal of Legal Studies Pub Date : 2024-04-30 DOI: 10.1093/ojls/gqae013

Natasa Mavronicola

引用次数: 0

Administrative Justice in the Modern Mixed Administrative State: Moving Beyond Taxonomies 现代混合行政国家中的行政司法：超越分类法

IF 1.2 2区社会学

Oxford Journal of Legal Studies Pub Date : 2024-04-21 DOI: 10.1093/ojls/gqae015

Janina Boughey

{"title":"Administrative Justice in the Modern Mixed Administrative State: Moving Beyond Taxonomies","authors":"Janina Boughey","doi":"10.1093/ojls/gqae015","DOIUrl":"https://doi.org/10.1093/ojls/gqae015","url":null,"abstract":"The challenges that government outsourcing presents for administrative law were the topic of considerable scholarly discussion in the 1990s and early 2000s, with broad agreement amongst public lawyers that outsourcing should not result in a loss of the particular kind of accountability with which administrative justice is concerned. Yet, over the past two decades, while government outsourcing has continued and evolved, very little has been done to address these challenges. This article explores the question of when non-court-based administrative justice accountability mechanisms ought to extend to outsourced government functions. I argue that much of the focus of administrative lawyers to date has been on the approaches that courts should take, which has led governments and legislatures to adopt tests and taxonomies largely developed in or for the courts, which distinguish between ‘public’ and ‘private’ functions. I show that these taxonomies are not well adapted to administrative justice mechanisms outside of the courts, are not fit for purpose in many modern government outsourcing arrangements and have resulted in significant accountability gaps. I propose a different starting point for thinking about administrative justice in the modern mixed administrative state, based on normative principles as opposed to categories.","PeriodicalId":47225,"journal":{"name":"Oxford Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2024-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140629347","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0