Law & Technology: Should Legal Officials be The Long Arm of the Algorithm?

Kotsoglou, Kyriakos (2022) Law & Technology: Should Legal Officials be The Long Arm of the Algorithm? HM Government, London. (In Press)

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Official URL: https://committees.parliament.uk/work/1272/new-tec...

Abstract

Decision support systems are necessary and valuable. There are however legitimate concerns, both empirical and normative in nature as regards their impact on the application of the law. The hereby submitted evidence will shed light on some questionable assumptions underpinning discussions of ‘Law & Technology’ and explain that legal operations (notably: a judge’s activity) cannot be described in logico-mechanical terms. The abovementioned assumptions are nothing but misunderstandings, misrepresentations and misinterpretations of basic concepts underpinning normative systems. What is more, these misunderstandings about the very possibility of automated decision-making a) threaten to usurp the role of the legitimate decision-maker, and b) necessitate the development of a framework safeguarding the legal officials’ decision making prerogative. In view of the procedural architecture of Western legal orders epistemic considerations assisted by decision support systems need to be filtered, and validated through a network of constitutional rights, legal and evidential principles and values.

Item Type: Other
Additional Information: New technologies and the application of the law: Inquiry: The Justice and Home Affairs Committee has launched an inquiry into the use of new technologies in law enforcement. The Committee seeks to explore the use of advanced algorithmic tools in activities to discover, deter, rehabilitate, or punish people who breach the law in England and Wales. Border management may also be under consideration. The Committee will examine the existing legal framework enabling the development of these tools, ethical issues raised by their use in law enforcement contexts, and the lived experiences of users and citizens interacting with them.
Subjects: M200 Law by Topic
Department: Faculties > Business and Law > Northumbria Law School
Related URLs:
Depositing User: John Coen
Date Deposited: 17 Dec 2021 14:54
Last Modified: 08 Apr 2022 14:53
URI: http://nrl.northumbria.ac.uk/id/eprint/48014

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