Is Law Computable

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Is Law Computable?

Author : Simon F. Deakin,Christopher Markou
Publisher : Hart Publishing
Page : 272 pages
File Size : 53,9 Mb
Release : 2020
Category : Artificial intelligence
ISBN : 1509937099

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Is Law Computable? by Simon F. Deakin,Christopher Markou Pdf

"What does computable law mean for the autonomy, authority, and legitimacy of the legal system? Are we witnessing a shift from Rule of Law to a new Rule of Technology? Should we even build these things in the first place? This unique volume collects original papers by a group of leading international scholars to address some of the fascinating questions raised by the encroachment of Artificial Intelligence (AI) into more aspects of legal process, administration, and culture. Weighing near-term benefits against the longer-term, and potentially path-dependent, implications of replacing human legal authority with computational systems, this volume pushes back against the more uncritical accounts of AI in law and the eagerness of scholars, governments, and LegalTech developers, to overlook the more fundamental - and perhaps 'bigger picture' - ramifications of computable law. With contributions by Simon Deakin, Christopher Markou, Mireille Hildebrandt, Roger Brownsword, Sylvie Delacroix, Lyria Bennet Moses, Ryan Abbott, Jennifer Cobbe, Lily Hands, John Morison, Alex Sarch, and Dilan Thampapillai"--

Is Law Computable?

Author : Simon Deakin,Christopher Markou
Publisher : Bloomsbury Publishing
Page : 578 pages
File Size : 41,9 Mb
Release : 2020-11-26
Category : Law
ISBN : 9781509937080

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Is Law Computable? by Simon Deakin,Christopher Markou Pdf

What does computable law mean for the autonomy, authority, and legitimacy of the legal system? Are we witnessing a shift from Rule of Law to a new Rule of Technology? Should we even build these things in the first place? This unique volume collects original papers by a group of leading international scholars to address some of the fascinating questions raised by the encroachment of Artificial Intelligence (AI) into more aspects of legal process, administration, and culture. Weighing near-term benefits against the longer-term, and potentially path-dependent, implications of replacing human legal authority with computational systems, this volume pushes back against the more uncritical accounts of AI in law and the eagerness of scholars, governments, and LegalTech developers, to overlook the more fundamental - and perhaps 'bigger picture' - ramifications of computable law. With contributions by Simon Deakin, Christopher Markou, Mireille Hildebrandt, Roger Brownsword, Sylvie Delacroix, Lyria Bennet Moses, Ryan Abbott, Jennifer Cobbe, Lily Hands, John Morison, Alex Sarch, and Dilan Thampapillai, as well as a foreword from Frank Pasquale.

Is Law Computable?

Author : Simon Deakin,Christopher Markou
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 51,9 Mb
Release : 2020-11-26
Category : Law
ISBN : 9781509937073

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Is Law Computable? by Simon Deakin,Christopher Markou Pdf

What does computable law mean for the autonomy, authority, and legitimacy of the legal system? Are we witnessing a shift from Rule of Law to a new Rule of Technology? Should we even build these things in the first place? This unique volume collects original papers by a group of leading international scholars to address some of the fascinating questions raised by the encroachment of Artificial Intelligence (AI) into more aspects of legal process, administration, and culture. Weighing near-term benefits against the longer-term, and potentially path-dependent, implications of replacing human legal authority with computational systems, this volume pushes back against the more uncritical accounts of AI in law and the eagerness of scholars, governments, and LegalTech developers, to overlook the more fundamental - and perhaps 'bigger picture' - ramifications of computable law. With contributions by Simon Deakin, Christopher Markou, Mireille Hildebrandt, Roger Brownsword, Sylvie Delacroix, Lyria Bennet Moses, Ryan Abbott, Jennifer Cobbe, Lily Hands, John Morison, Alex Sarch, and Dilan Thampapillai, as well as a foreword from Frank Pasquale.

Computable Models of the Law

Author : Giovanni Sartor,Núria Casellas,Rossella Rubino
Publisher : Springer
Page : 351 pages
File Size : 52,9 Mb
Release : 2008-10-02
Category : Computers
ISBN : 9783540855699

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Computable Models of the Law by Giovanni Sartor,Núria Casellas,Rossella Rubino Pdf

Information technology has now pervaded the legal sector, and the very modern concepts of e-law and e-justice show that automation processes are ubiquitous. European policies on transparency and information society, in particular, require the use of technology and its steady improvement. Some of the revised papers presented in this book originate from a workshop held at the European University Institute of Florence, Italy, in December 2006. The workshop was devoted to the discussion of the different ways of understanding and explaining contemporary law, for the purpose of building computable models of it -- especially models enabling the development of computer applications for the legal domain. During the course of the following year, several new contributions, provided by a number of ongoing (or recently finished) European projects on computation and law, were received, discussed and reviewed to complete the survey. This book presents 20 thoroughly refereed revised papers on the hot topics under research in different EU projects: legislative XML, legal ontologies, semantic web, search and meta-search engines, web services, system architecture, dialectic systems, dialogue games, multi-agent systems (MAS), legal argumentation, legal reasoning, e-justice, and online dispute resolution. The papers are organized in topical sections on knowledge representation, ontologies and XML legislative drafting; knowledge representation, legal ontologies and information retrieval; argumentation and legal reasoning; normative and multi-agent systems; and online dispute resolution.

Smart Legal Contracts

Author : Jason Allen
Publisher : Oxford University Press
Page : 529 pages
File Size : 45,5 Mb
Release : 2022-04-28
Category : Contracts
ISBN : 9780192858467

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Smart Legal Contracts by Jason Allen Pdf

Smart Legal Contracts: Computable Law in Theory and Practice is a landmark investigation into one of the most important trends at the interface of law and technology: the effort to harness emerging digital technologies to change the way that parties form and perform contracts. While developments in distributed ledger technology have brought the topic of 'smart contracts' into the mainstream of legal attention, this volume takes a broader approach to ask how computers can be used in the contracting process. This book assesses how contractual promises are expressed in software and how code-based artefacts can be incorporated within more conventional legal structures. With incisive contributions from members of the judiciary, legal scholars, practitioners, and computer scientists, this book sets out to frame the borders of an emerging area of law and start a more productive dialogue between the various disciplines involved in the evolution of contracts as software. It provides the first step towards a more disciplined approach to computational contracts that avoids the techno-legal ambiguities of 'smart contracts' and reveals an emerging taxonomy of approaches to encoding contracts in whole or in part. Conceived and written during a time when major legal systems began to engage with the advent of contracts in computable form, and aimed at a fundamental level of enquiry, this collection will provide essential insight into future trends and will provide a point of orientation for future scholarship and innovation.

Law's Rule

Author : Gerald J. Postema
Publisher : Oxford University Press
Page : 401 pages
File Size : 42,9 Mb
Release : 2022-11-29
Category : Electronic
ISBN : 9780190645342

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Law's Rule by Gerald J. Postema Pdf

The rule of law, once widely embraced and emulated, now faces serious threats to its viability. To get our bearings we must return to first principles. This book articulates and defends a comprehensive, coherent, and compelling conception of the rule of law and defends it against serious challenges to its intelligibility, relevance, and normative force. The rule of law's ambition, it argues, is to provide protection and recourse against the arbitrary exercise of power using the distinctive tools of the law. Law provides a bulwark of protection, a bridle on the powerful, and a bond constituting and holding together the polity and giving public expression to an ideal mode of association. Two principles immediately follow from this core: sovereignty of law, demanding that those who exercise ruling power govern with law and that law governs them, and equality in the eyes of the law, demanding that law's protection extend to all bound by it. Animating law's rule, the ethos of fidelity commits all members of the political community, officials and lay members alike, to take responsibility for holding each other accountable under the law. Part I articulates this conception and locates its moral foundation in a commitment to common membership of each person, recognizing their freedom, dignity, and status as peers. Part II addresses serious challenges currently facing law's rule: finding a place in the legal system for equity, mercy, and effective responses to emergencies, taming the new leviathans of the digital world, and extending law's rule beyond national borders.

Quantitative Methods in Comparative Law

Author : Pier G. Monateri,Mauro Balestrieri
Publisher : Edward Elgar Publishing
Page : 201 pages
File Size : 45,7 Mb
Release : 2023-11-03
Category : Law
ISBN : 9781802204452

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Quantitative Methods in Comparative Law by Pier G. Monateri,Mauro Balestrieri Pdf

This invaluable and timely book provides a comprehensive “Conflict Prevention and Friction Analysis (CPFA) Model” for researching comparative law in our increasingly technology-led legal and economic order. It provides an in-depth examination of practical case studies, showcasing the real-world application of quantitative methods and theoretical approaches for analysing legal issues.

The Rule of Law and Automated Decision-Making

Author : Markku Suksi
Publisher : Springer Nature
Page : 222 pages
File Size : 41,5 Mb
Release : 2023-07-24
Category : Law
ISBN : 9783031301421

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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.

Digitalisation of Administrative Law and the Pandemic-Reaction

Author : Russell L. Weaver,Herwig C.H. Hofmann
Publisher : Cambridge Scholars Publishing
Page : 159 pages
File Size : 52,5 Mb
Release : 2022-11-04
Category : Political Science
ISBN : 9781527586833

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Digitalisation of Administrative Law and the Pandemic-Reaction by Russell L. Weaver,Herwig C.H. Hofmann Pdf

This book brings together prominent administrative law scholars to discuss current administrative issues. It addresses how administrative law has adapted to the COVID-19 pandemic and how to develop emergency responses in future cases. The book also considers the digitization and electronification of administrative law; a topic that gained increasing importance during the pandemic and will increasingly shape public law in the future.

Responsible AI and Analytics for an Ethical and Inclusive Digitized Society

Author : Denis Dennehy,Anastasia Griva,Nancy Pouloudi,Yogesh K. Dwivedi,Ilias Pappas,Matti Mäntymäki
Publisher : Springer Nature
Page : 794 pages
File Size : 49,9 Mb
Release : 2021-08-25
Category : Computers
ISBN : 9783030854478

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Responsible AI and Analytics for an Ethical and Inclusive Digitized Society by Denis Dennehy,Anastasia Griva,Nancy Pouloudi,Yogesh K. Dwivedi,Ilias Pappas,Matti Mäntymäki Pdf

This volume constitutes the proceedings of the 20th IFIP WG 6.11 Conference on e-Business, e-Services, and e-Society, I3E 2021, held in Galway, Ireland, in September 2021.* The total of 57 full and 8 short papers presented in these volumes were carefully reviewed and selected from 141 submissions. The papers are organized in the following topical sections: AI for Digital Transformation and Public Good; AI & Analytics Decision Making; AI Philosophy, Ethics & Governance; Privacy & Transparency in a Digitized Society; Digital Enabled Sustainable Organizations and Societies; Digital Technologies and Organizational Capabilities; Digitized Supply Chains; Customer Behavior and E-business; Blockchain; Information Systems Development; Social Media & Analytics; and Teaching & Learning. *The conference was held virtually due to the COVID-19 pandemic.

Law and Economics of the Digital Transformation

Author : Klaus Mathis,Avishalom Tor
Publisher : Springer Nature
Page : 456 pages
File Size : 43,9 Mb
Release : 2023-07-04
Category : Law
ISBN : 9783031250590

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Law and Economics of the Digital Transformation by Klaus Mathis,Avishalom Tor Pdf

This book pursues the questions from a broad range of law and economics perspectives. Digital transformation leads to economic and social change, bringing with it both opportunities and risks. This raises questions of the extent to which existent legal frameworks are still sufficient and whether there is a need for new or additional regulation in the affected areas: new demands are made on the law and jurisprudence.

Money, Power, and AI

Author : Zofia Bednarz,Monika Zalnieriute
Publisher : Cambridge University Press
Page : 263 pages
File Size : 51,7 Mb
Release : 2023-11-30
Category : Law
ISBN : 9781009334310

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Money, Power, and AI by Zofia Bednarz,Monika Zalnieriute Pdf

In this ambitious collection, Zofia Bednarz and Monika Zalnieriute bring together leading experts to shed light on how artificial intelligence (AI) and automated decision-making (ADM) create new sources of profits and power for financial firms and governments. Chapter authors—which include public and private lawyers, social scientists, and public officials working on various aspects of AI and automation across jurisdictions—identify mechanisms, motivations, and actors behind technology used by Automated Banks and Automated States, and argue for new rules, frameworks, and approaches to prevent harms that result from the increasingly common deployment of AI and ADM tools. Responding to the opacity of financial firms and governments enabled by AI, Money, Power and AI advances the debate on scrutiny of power and accountability of actors who use this technology. This title is available as Open Access on Cambridge Core.

The Making of Constitutional Democracy

Author : Paolo Sandro
Publisher : Bloomsbury Publishing
Page : 331 pages
File Size : 53,9 Mb
Release : 2022-01-27
Category : Law
ISBN : 9781509905232

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The Making of Constitutional Democracy by Paolo Sandro Pdf

This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Research Handbook on Law and Technology

Author : Bartosz Brożek,Olia Kanevskaia,Przemysław Pałka
Publisher : Edward Elgar Publishing
Page : 535 pages
File Size : 52,7 Mb
Release : 2023-12-11
Category : Law
ISBN : 9781803921327

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Research Handbook on Law and Technology by Bartosz Brożek,Olia Kanevskaia,Przemysław Pałka Pdf

This thorough and incisive Research Handbook reconstructs the scholarly discourses surrounding the field of law and technology, discussing the salient legal, governance and societal problems stemming from the use of different technologies, and how they should be treated under various legal frameworks. This title contains one or more Open Access chapters.

Rethinking Law, Regulation, and Technology

Author : Brownsword, Roger
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 52,5 Mb
Release : 2022-03-04
Category : Law
ISBN : 9781800886476

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Rethinking Law, Regulation, and Technology by Brownsword, Roger Pdf

This insightful book presents a radical rethinking of the relationship between law, regulation, and technology. While in traditional legal thinking technology is neither of particular interest nor concern, this book treats modern technologies as doubly significant, both as major targets for regulation and as potential tools to be used for legal and regulatory purposes. It explores whether our institutions for engaging with new technologies are fit for purpose.