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Author: Hans-W. Micklitz Publisher: Cambridge University Press ISBN: 1108906923 Category : Law Languages : en Pages : 341
Book Description
New technologies have always challenged the social, economic, legal, and ideological status quo. Constitutional law is no less impacted by such technologically driven transformations, as the state must formulate a legal response to new technologies and their market applications, as well as the state's own use of new technology. In particular, the development of data collection, data mining, and algorithmic analysis by public and private actors present unique challenges to public law at the doctrinal as well as the theoretical level. This collection, aimed at legal scholars and practitioners, describes the constitutional challenges created by the algorithmic society. It offers an important synthesis of the state of play in law and technology studies, addressing the challenges for fundamental rights and democracy, the role of policy and regulation, and the responsibilities of private actors. This title is also available as Open Access on Cambridge Core.
Author: Giovanni De Gregorio Publisher: Cambridge University Press ISBN: 1316512770 Category : Law Languages : en Pages : 383
Book Description
How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.
Author: Martin Ebers Publisher: Cambridge University Press ISBN: 1108424821 Category : Computers Languages : en Pages : 321
Book Description
Exploring issues from big-data to robotics, this volume is the first to comprehensively examine the regulatory implications of AI technology.
Author: Karen Yeung Publisher: Oxford University Press ISBN: 0192575449 Category : Law Languages : en Pages : 346
Book Description
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.
Author: Marc Schuilenburg Publisher: Routledge ISBN: 0429536992 Category : Political Science Languages : en Pages : 177
Book Description
We live in an algorithmic society. Algorithms have become the main mediator through which power is enacted in our society. This book brings together three academic fields – Public Administration, Criminal Justice and Urban Governance – into a single conceptual framework, and offers a broad cultural-political analysis, addressing critical and ethical issues of algorithms. Governments are increasingly turning towards algorithms to predict criminality, deliver public services, allocate resources, and calculate recidivism rates. Mind-boggling amounts of data regarding our daily actions are analysed to make decisions that manage, control, and nudge our behaviour in everyday life. The contributions in this book offer a broad analysis of the mechanisms and social implications of algorithmic governance. Reporting from the cutting edge of scientific research, the result is illuminating and useful for understanding the relations between algorithms and power.Topics covered include: Algorithmic governmentality Transparency and accountability Fairness in criminal justice and predictive policing Principles of good digital administration Artificial Intelligence (AI) in the smart city This book is essential reading for students and scholars of Sociology, Criminology, Public Administration, Political Sciences, and Cultural Theory interested in the integration of algorithms into the governance of society.
Author: Woodrow Barfield Publisher: Cambridge University Press ISBN: 1108663184 Category : Law Languages : en Pages : 1354
Book Description
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.
Author: Florian Jaton Publisher: MIT Press ISBN: 0262542145 Category : Computers Languages : en Pages : 401
Book Description
A laboratory study that investigates how algorithms come into existence. Algorithms--often associated with the terms big data, machine learning, or artificial intelligence--underlie the technologies we use every day, and disputes over the consequences, actual or potential, of new algorithms arise regularly. In this book, Florian Jaton offers a new way to study computerized methods, providing an account of where algorithms come from and how they are constituted, investigating the practical activities by which algorithms are progressively assembled rather than what they may suggest or require once they are assembled.
Author: David A. Strauss Publisher: Oxford University Press ISBN: 0199703698 Category : Law Languages : en Pages : 171
Book Description
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
Author: Markus D. Dubber Publisher: Oxford University Press ISBN: 0190067411 Category : Law Languages : en Pages : 1000
Book Description
This volume tackles a quickly-evolving field of inquiry, mapping the existing discourse as part of a general attempt to place current developments in historical context; at the same time, breaking new ground in taking on novel subjects and pursuing fresh approaches. The term "A.I." is used to refer to a broad range of phenomena, from machine learning and data mining to artificial general intelligence. The recent advent of more sophisticated AI systems, which function with partial or full autonomy and are capable of tasks which require learning and 'intelligence', presents difficult ethical questions, and has drawn concerns from many quarters about individual and societal welfare, democratic decision-making, moral agency, and the prevention of harm. This work ranges from explorations of normative constraints on specific applications of machine learning algorithms today-in everyday medical practice, for instance-to reflections on the (potential) status of AI as a form of consciousness with attendant rights and duties and, more generally still, on the conceptual terms and frameworks necessarily to understand tasks requiring intelligence, whether "human" or "A.I."
Author: Hans-W. Micklitz
Author: Hans-W. Micklitz
Author: Hans-W. Micklitz
Author: Giovanni De Gregorio
Author: Martin Ebers
Author: Karen Yeung
Author: Marc Schuilenburg
Author: Woodrow Barfield
Author: Florian Jaton
Author: David A. Strauss
Author: Markus D. Dubber