Human Law and Computer Law: Comparative Perspectives by Mireille Hildebrandt (auth.), Mireille Hildebrandt, Jeanne

By Mireille Hildebrandt (auth.), Mireille Hildebrandt, Jeanne Gaakeer (eds.)

The concentration of this e-book is at the epistemological and hermeneutic implications of information technology and synthetic intelligence for democracy and the guideline of legislation. How do the normative results of automatic selection platforms or the interventions of robot fellow ‘beings’ evaluate to the criminal influence of written and unwritten legislation? to enquire those questions the ebook brings jointly disciplinary views hardly mixed in the framework of 1 quantity. One starts off from the viewpoint of ‘code and legislation’ and the opposite develops from the area of ‘law and literature’. Integrating unique analyses of suitable novels or motion pictures, the authors talk about how computational applied sciences problem conventional varieties of criminal inspiration and have an effect on the rules of human habit. therefore, pertinent questions are raised in regards to the theoretical assumptions underlying either medical and felony perform.

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Legal personhood is therefore artificial, but not imaginary; just like an artificial lake is not an imaginary lake. Instead of seeking out the requirements of entities that qualify as legal persons, he emphasises the performative nature of the attribution of legal personhood. Objective law in the end decides who or what count as legal subjects. In that sense the legal subjectivity of natural persons is as artificial as that of animals, corporations or machines. What counts are the legal effects generated by the attribution of legal personhood and thus the question of whether such effects are desirable from the perspective of the law-maker.

On the one hand, that warning seems more topical now then ever. On the other hand, it seems that people have found many ways not to be fooled, finding good use for the capacities of computing systems while recognizing the very different talents of their human fellows. This, however, does not mean that we have not entered a new era, in which whatever has been calculated by a computing system has an aura of sophistication, objectivity and fundability. It may also be, as Christian (2011) proposes, that we are slowly changing our habits to tune into what computer systems can cope with, and the jury is still out on what this does to our humanity.

She takes a sceptical position by referring to the fact that ‘behaviour gets its characteristics through the observer’s interpretive stance’ (Wells 2001: 66), thus steering free from mentalist assumptions about the ‘causes’ of our behaviour. Her point is that the focus should shift from the mental state of the offender to the effect that entities like corporations have on large groups of people. The question is whether such entities can be held accountable for such effects under the criminal law, notably by introducing different criteria for culpability (Wells 2001: 74, 77, 80): Law recognizes both individuals and corporations as persons but that neither means that they are (nor necessarily should be) subjected to the same legal treatment, nor that as a matter of social construction that corporations are perceived in the same way.

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