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Author: Rubén Rodríguez Abril Publisher: BOD GmbH DE ISBN: 8413737478 Category : Political Science Languages : en Pages : 167
Book Description
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.
Author: Rubén Rodríguez Abril Publisher: BOD GmbH DE ISBN: 8413737478 Category : Political Science Languages : en Pages : 167
Book Description
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.
Author: Horst Eidenmüller Publisher: ISBN: 9783161575082 Category : Languages : en Pages : 284
Book Description
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.
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: Gary Chan Kok Yew Publisher: Bloomsbury Publishing ISBN: 1509946853 Category : Law Languages : en Pages : 368
Book Description
This book examines the interconnections between artificial intelligence, data governance and private law rules with a comparative focus on selected jurisdictions in the Asia-Pacific region. The chapters discuss the myriad challenges of translating and adapting theory, doctrines and concepts to practice in the Asia-Pacific region given their differing circumstances, challenges and national interests. The contributors are legal experts from the UK, Israel, Korea, and Singapore with extensive academic and practical experience. The essays in this collection cover a wide range of topics, including data protection and governance, data trusts, information fiduciaries, medical AI, the regulation of autonomous vehicles, the use of blockchain technology in land administration, the regulation of digital assets and contract formation issues arising from AI applications. The book will be of interest to members of the judiciary, policy makers and academics who specialise in AI, data governance and/or private law or who work at the intersection of these three areas, as well as legal technologists and practising lawyers in the Asia-Pacific, the UK and the US.
Author: Hanoch Dagan Publisher: Oxford University Press ISBN: 0199399131 Category : Law Languages : en Pages : 247
Book Description
In the myriad choices of interpretation judges face when confronted with rules and cases, legal realists are concerned with how these doctrinal materials carry over into judicial outcomes. What can explain past judicial behavior and predict its future course? How can law constrain judgments made by unelected judges? How can the distinction between law and politics be maintained despite the collapse of law's autonomy in its positivist rendition? In Reconstructing American Legal Realism & Rethinking Private Law Theory, Hanoch Dagan provides an innovative and useful interpretation of legal realism. He revives the legal realists' rich account of law as a growing institution accommodating three sets of constitutive tensions-power and reason, science and craft, and tradition and progress-and demonstrates how the major claims attributed to legal realism fit into this conception of law. Dagan seeks to rein in realist descendants who have become fixated on one aspect of the big picture, and to dispel the misconceptions that those gone astray represent the tradition accurately or that realism is now merely a historical signpost. He draws upon the realist texts of Oliver Wendell Holmes, Karl Llewellyn, and others to explain how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory. Building on this realist conception of law and enriching its texture, Dagan addresses more particular jurisprudential questions. He shows that the realist achievement in capturing law's irreducible complexity is crucial to the reinvigoration of legal theory as a distinct scholarly subject matter, and is also inspiring for a host of other, more specific theoretical topics, such as the rule of law, the autonomy and taxonomy of private law, the relationships between rights and remedies, and the pluralism and perfectionism that typify private law.
Author: Stefan Grundmann Publisher: Cambridge University Press ISBN: 1108787789 Category : Law Languages : en Pages : 553
Book Description
New Private Law Theory opens a new pathway to private law theory through a pluralistic approach. Such a theory needs a broad and stable foundation, which the authors have built here through a canon of nearly seventy texts of reference. This book brings these different texts from different disciplines into conversation with each other, grouping them around central questions of private law and at the same time integrating them with the legal doctrinal analysis of example cases. This book will be accessible to both experienced and early career scholars working on private law.
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: Cynthia Dwork Publisher: ISBN: 9781601988188 Category : Computers Languages : en Pages : 286
Book Description
The problem of privacy-preserving data analysis has a long history spanning multiple disciplines. As electronic data about individuals becomes increasingly detailed, and as technology enables ever more powerful collection and curation of these data, the need increases for a robust, meaningful, and mathematically rigorous definition of privacy, together with a computationally rich class of algorithms that satisfy this definition. Differential Privacy is such a definition. The Algorithmic Foundations of Differential Privacy starts out by motivating and discussing the meaning of differential privacy, and proceeds to explore the fundamental techniques for achieving differential privacy, and the application of these techniques in creative combinations, using the query-release problem as an ongoing example. A key point is that, by rethinking the computational goal, one can often obtain far better results than would be achieved by methodically replacing each step of a non-private computation with a differentially private implementation. Despite some powerful computational results, there are still fundamental limitations. Virtually all the algorithms discussed herein maintain differential privacy against adversaries of arbitrary computational power -- certain algorithms are computationally intensive, others are efficient. Computational complexity for the adversary and the algorithm are both discussed. The monograph then turns from fundamentals to applications other than query-release, discussing differentially private methods for mechanism design and machine learning. The vast majority of the literature on differentially private algorithms considers a single, static, database that is subject to many analyses. Differential privacy in other models, including distributed databases and computations on data streams, is discussed. The Algorithmic Foundations of Differential Privacy is meant as a thorough introduction to the problems and techniques of differential privacy, and is an invaluable reference for anyone with an interest in the topic.
Author: Annelieke Mooij Publisher: Springer Nature ISBN: 3031464176 Category : Law Languages : en Pages : 117
Book Description
This open access book examines regulating an environment that has no jurisdiction, is fully anonymous and infinitely vast? Welcome to the Metaverse, an online virtual reality that is expected to add billions to the global economy. The Metaverse offers a new type of virtual economy with practically endless business opportunities. The question is how to prevent these opportunities from being abused to commit money laundering and finance terrorism (MLFT). This book explores the current European Union legislation designed to prevent MLFT in connection with the Metaverse. It analyses the legislation in relation to the three traditional stages of MLFT: placement, layering and integration. Furthermore, some additional risks specific to the Metaverse are discussed, such as Non-Fungible Tokens (NFTs) and the high level of anonymity. The book concludes that the current legislation is not suitable for facing the new challenges of the Metaverse. In turn, the book puts forward a novel approach to regulating and enforcing MLFT legislation: using a system of smart assets equipped with AI to prevent and detect MLFT. In addition, it makes recommendations on how to improve the legal framework with regard to the new challenges arising from the Metaverse. Particular attention is given to creating a legal framework that incorporates the use of smart assets and the Internet of Things, in order to provide a safe environment for potential users and society. With a solid background in financial law and technology, the author successfully creates a novel system of regulation and enforcement that is based on the use of automatic enforcement, whilst keeping sufficient legal safeguards in place for potential Metaverse users. This book will be of interest to anyone interested in the Metaverse. Whether you want to regulate it or open your own virtual business, it’s a must-read!
Author: Rubén Rodríguez Abril
Author: Rubén Rodríguez Abril
Author: Horst Eidenmüller
Author: Martin Ebers
Author: Gary Chan Kok Yew
Author: Hanoch Dagan
Author: Stefan Grundmann
Author: Hans-W. Micklitz
Author: Cynthia Dwork
Author: Annelieke Mooij
Author: Hans-W Micklitz