Algorithmic Rule By Law

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Algorithmic Rule by Law

Author : Nathalie A. Smuha
Publisher : Unknown
Page : 0 pages
File Size : 40,7 Mb
Release : 2024
Category : Algorithms
ISBN : 1009427474

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Algorithmic Rule by Law by Nathalie A. Smuha Pdf

"Amidst a global rule of law crisis, this book shows how the rule of law is eroded by algorithmic regulation under the guise of efficiency, leading to algorithmic rule by law. It offers examples of how public authorities' use of algorithmic regulation already threatens liberal democracy, and calls for action"--

The Cambridge Handbook of the Law of Algorithms

Author : Woodrow Barfield
Publisher : Cambridge University Press
Page : 0 pages
File Size : 52,9 Mb
Release : 2023-03-30
Category : Law
ISBN : 100929315X

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The Cambridge Handbook of the Law of Algorithms by Woodrow Barfield Pdf

Algorithms are a fundamental building block of artificial intelligence - and, increasingly, society - but our legal institutions have largely failed to recognize or respond to this reality. The Cambridge Handbook of the Law of Algorithms, which features contributions from US, EU, and Asian legal scholars, discusses the specific challenges algorithms pose not only to current law, but also - as algorithms replace people as decision makers - to the foundations of society itself. The work includes wide coverage of the law as it relates to algorithms, with chapters analyzing how human biases have crept into algorithmic decision-making about who receives housing or credit, the length of sentences for defendants convicted of crimes, and many other decisions that impact constitutionally protected groups. Other issues covered in the work include the impact of algorithms on the law of free speech, intellectual property, and commercial and human rights law.

Algorithmic Regulation

Author : Karen Yeung,Martin Lodge
Publisher : Oxford University Press
Page : 304 pages
File Size : 45,7 Mb
Release : 2019-09-05
Category : Law
ISBN : 9780192575432

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Algorithmic Regulation by Karen Yeung,Martin Lodge Pdf

As the power and sophistication of of 'big data' and predictive analytics has continued to expand, so too has policy and public concern about the use of algorithms in contemporary life. This is hardly surprising given our increasing reliance on algorithms in daily life, touching policy sectors from healthcare, transport, finance, consumer retail, manufacturing education, and employment through to public service provision and the operation of the criminal justice system. This has prompted concerns about the need and importance of holding algorithmic power to account, yet it is far from clear that existing legal and other oversight mechanisms are up to the task. This collection of essays, edited by two leading regulatory governance scholars, offers a critical exploration of 'algorithmic regulation', understood both as a means for co-ordinating and regulating social action and decision-making, as well as the need for institutional mechanisms through which the power of algorithms and algorithmic systems might themselves be regulated. It offers a unique perspective that is likely to become a significant reference point for the ever-growing debates about the power of algorithms in daily life in the worlds of research, policy and practice. The range of contributors are drawn from a broad range of disciplinary perspectives including law, public administration, applied philosophy, data science and artificial intelligence. Taken together, they highlight the rise of algorithmic power, the potential benefits and risks associated with this power, the way in which Sheila Jasanoff's long-standing claim that 'technology is politics' has been thrown into sharp relief by the speed and scale at which algorithmic systems are proliferating, and the urgent need for wider public debate and engagement of their underlying values and value trade-offs, the way in which they affect individual and collective decision-making and action, and effective and legitimate mechanisms by and through which algorithmic power is held to account.

Algorithms and Law

Author : Martin Ebers,Susana Navas
Publisher : Cambridge University Press
Page : 321 pages
File Size : 49,6 Mb
Release : 2020-07-23
Category : Computers
ISBN : 9781108424820

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Algorithms and Law by Martin Ebers,Susana Navas Pdf

Exploring issues from big-data to robotics, this volume is the first to comprehensively examine the regulatory implications of AI technology.

Constitutional Challenges in the Algorithmic Society

Author : Hans-W. Micklitz,Oreste Pollicino,Amnon Reichman,Andrea Simoncini,Giovanni Sartor,Giovanni De Gregorio
Publisher : Cambridge University Press
Page : 341 pages
File Size : 53,8 Mb
Release : 2021-12-02
Category : Law
ISBN : 9781108843126

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Constitutional Challenges in the Algorithmic Society by Hans-W. Micklitz,Oreste Pollicino,Amnon Reichman,Andrea Simoncini,Giovanni Sartor,Giovanni De Gregorio Pdf

How can the law address the constitutional challenges of the algorithmic society? This volume provides possible solutions.

The Rule of Law and Automated Decision-Making

Author : Markku Suksi
Publisher : Unknown
Page : 0 pages
File Size : 45,6 Mb
Release : 2023
Category : Electronic
ISBN : 3031301447

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The Rule of Law and Automated Decision-Making by Markku Suksi Pdf

The book presents observations concerning automated decision-making from a general point of view at the same time as it analyses the manner in which praxis in some jurisdictions has evolved as concerns automated decision-making and how the requirements that are placed by the legal orders on it are formulated. The principle of the rule of law should apply in the context of automated decision-making of public authorities just as much as when the decision-makers are physical persons. In sync with increasing automatization of decision-making in public authorities, problematizing questions about the appropriate legal basis for algorithmic decision-making have started emerge. How should the principle of the rule of law apply within the area of automated decision-making, how should automated decision-making be regulated so that it satisfies the requirements created by the principle of the rule of law, and how should the principle of the rule of law be made concrete in decision-making that is based on algorithms? The proposal for an AI Act launched by the European Commission in April 2021, including an identification of high-risk uses of algorithmic techniques, raises further questions concerning practices and interpretations related to automated decision-making. The state based on the rule of law proceeds from the maxim that public powers are exercised within a legal frame that makes the exercise of public powers foreseeable in light of legal norms. Also, a state based on the rule of law requires that the contents of the exercise of public powers is regulated by legal norms, which means that the citizens must be able to know everything that is relevant about how the powers will be exercised, not only who it is that will exercise the powers. Because of rules and principles of this kind, including non-discrimination and proportionality, the exercise of powers will not become arbitrary.

Code

Author : Lawrence Lessig
Publisher : Createspace Independent Publishing Platform
Page : 292 pages
File Size : 44,7 Mb
Release : 2016-09-19
Category : Electronic
ISBN : 1537759442

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Code by Lawrence Lessig Pdf

There's a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government's (or anyone else's) control. Code, first published in 2000, argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no "nature." It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of oppressive control. Under the influence of commerce, cyberspace is becoming a highly regulable space, where behavior is much more tightly controlled than in real space. But that's not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies. Since its original publication, this seminal book has earned the status of a minor classic. This second edition, or Version 2.0, has been prepared through the author's wiki, a web site that allows readers to edit the text, making this the first reader-edited revision of a popular book.

Law by Algorithm

Author : Horst Eidenmüller,Gerhard Wagner
Publisher : Unknown
Page : 284 pages
File Size : 46,6 Mb
Release : 2021-11
Category : Electronic
ISBN : 3161575083

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Law by Algorithm by Horst Eidenmüller,Gerhard Wagner Pdf

Digitization, blockchain technology and Artificial Intelligence (AI) are fundamentally changing the fabric of societies, influencing lawmaking, legal scholarship and legal practice. The authors of this volume investigate the real-world developments that can be observed in this process, how established legal doctrines are being challenged, the regulatory issues societies face as a result, and how AI can be used in lawmaking and adjudication. By analyzing these four interrelated areas, the authors discuss conceptual issues of regulating AI, examine the impact of new technologies on commercial transactions and corporate governance, investigate civil liability rules for AI applications and explore key features and problems of digital dispute resolution. A recurring theme is that although Law by Algorithm might massively increase overall societal welfare, it runs the significant risk of benefitting only a few. To make it work for the good of all is a mammoth task - and one this volume hopes to contribute to.

Algorithmic Governance and Governance of Algorithms

Author : Martin Ebers,Marta Cantero Gamito
Publisher : Springer Nature
Page : 174 pages
File Size : 45,6 Mb
Release : 2020-10-08
Category : Law
ISBN : 9783030505592

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Algorithmic Governance and Governance of Algorithms by Martin Ebers,Marta Cantero Gamito Pdf

Algorithms are now widely employed to make decisions that have increasingly far-reaching impacts on individuals and society as a whole (“algorithmic governance”), which could potentially lead to manipulation, biases, censorship, social discrimination, violations of privacy, property rights, and more. This has sparked a global debate on how to regulate AI and robotics (“governance of algorithms”). This book discusses both of these key aspects: the impact of algorithms, and the possibilities for future regulation.

Life and the Law in the Era of Data-Driven Agency

Author : Mireille Hildebrandt,Kieron O’Hara
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 46,7 Mb
Release : 2020-01-31
Category : Law
ISBN : 9781788972000

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Life and the Law in the Era of Data-Driven Agency by Mireille Hildebrandt,Kieron O’Hara Pdf

This ground-breaking and timely book explores how big data, artificial intelligence and algorithms are creating new types of agency, and the impact that this is having on our lives and the rule of law. Addressing the issues in a thoughtful, cross-disciplinary manner, leading scholars in law, philosophy, computer science and politics examine the ways in which data-driven agency is transforming democratic practices and the meaning of individual choice.

A Rule of Law for Our New Age of Anxiety

Author : Stephen J Toope
Publisher : Cambridge University Press
Page : 311 pages
File Size : 42,8 Mb
Release : 2023-05-31
Category : Law
ISBN : 9781009299459

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A Rule of Law for Our New Age of Anxiety by Stephen J Toope Pdf

In an age of anxiety, Toope makes the case for a revitalised rule of law to bolster collective resilience and restore our capacity to build healthier societies. A pragmatic approach to the rule of law recognises its ability to chasten power, while not disconnecting law from other sources of social action and human agency.

AI and the Rule of Law

Author : Paul Burgess
Publisher : Bloomsbury Publishing
Page : 330 pages
File Size : 54,6 Mb
Release : 2024-02-22
Category : Law
ISBN : 9781509963188

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AI and the Rule of Law by Paul Burgess Pdf

This book considers the ways in which the concept of the Rule of Law will need to evolve in order to ensure that the exercise of power by Artificial Intelligence (AI) does not become arbitrary and does not proceed unchecked. It presents the Rule of Law and its impact on the past and the present; it considers what AI is, what it does, and what it might become in future; and it looks at how AI will need to be harnessed to allow power to be exercised more effectively in the future. The book argues that the Rule of Law has for centuries been the concept that protects against the arbitrary exercise of power. However, the exercise of power by AI unchecked by humans strains the concept's ability to provide this protection.

Personalized Law

Author : Omri Ben-Shahar,Ariel Porat
Publisher : Oxford University Press
Page : 257 pages
File Size : 52,8 Mb
Release : 2021-05-17
Category : Law
ISBN : 9780197522837

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Personalized Law by Omri Ben-Shahar,Ariel Porat Pdf

We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.

An algorithmic theory of Private Law

Author : Rubén Rodríguez Abril
Publisher : BOD GmbH DE
Page : 167 pages
File Size : 42,9 Mb
Release : 2022-06-24
Category : Political Science
ISBN : 9788413737478

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An algorithmic theory of Private Law by Rubén Rodríguez Abril Pdf

The purpose of this paper is to explore the possible applications of Automata Theory and the technologies of the Fourth Industrial Revolution (particularly blockchain) to the field of Private Law, and particularly to the documentation of the rights and duties of individuals. Throughout its sections, a systematic definition of the digital asset is provided, and parallels and analogies are drawn between the algorithms that regulate the transmission of digital rights and legal rules. The existence of algorithms of a truly normative nature is explored. Some of these normative algorithms are limited to developing legislation of the corresponding State, while others, such as those residing in blockchains, configure a legal structure independent of any State authority that the author comes to call "algorithmic legal system". The book proposes, in its second half, the use of these normative algorithms to incorporate into cyberspace the transactions of real estate rights and the phenomenon of the legal person. In addition, proofs of concept are offered for a new Land Registry and a new Registry of Legal Entities with fully automatic operation.

The Threats of Algorithms and AI to Civil Rights, Legal Remedies, and American Jurisprudence

Author : Alfred R. Cowger Jr.
Publisher : Lexington Books
Page : 277 pages
File Size : 50,8 Mb
Release : 2020-10-06
Category : Law
ISBN : 9781793622921

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The Threats of Algorithms and AI to Civil Rights, Legal Remedies, and American Jurisprudence by Alfred R. Cowger Jr. Pdf

The Threats of Algorithms and A.I. to Civil Rights, Legal Remedies, and American Jurisprudence addresses the many threats to American jurisprudence caused by the growing use of algorithms and artificial intelligence (A.I.). Although algorithms prove valuable to society, that value may also lead to the destruction of the foundations of American jurisprudence by threatening constitutional rights of individuals, creating new liabilities for business managers and board members, disrupting commerce, interfering with long-standing legal remedies, and causing chaos in courtrooms trying to adjudge lawsuits. Alfred R. Cowger, Jr. explains these threats and provides potential solutions for both the general public and legal practitioners. Scholars of legal studies, media studies, and political science will find this book particularly useful.