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Fin dall’inizio della storia, le società umane hanno fatto uso delle tecnologie dell’informazione e comunicazione (ICT); a partire dalla fondamentale, la scrittura. Per la prima volta nella storia dell’umanità, le società contemporanee dipendono tuttavia dalle ICT e, in generale, dall’informazione come propria risorsa vitale. Il presente volume spiega come i sistemi giuridici siano venuti riposizionandosi di fronte alle profonde trasformazioni in atto. Ciò vale sia riguardo alle autorità che ai fattori di produzione normativa dell’ordinamento, come anche all’intento di reagire alle sfide della rivoluzione tecnologica con le armi stesse della tecnologia. Un esempio di scuola per cogliere questo mutamento in termini di governance, fonti del diritto e design normativo e istituzionale, è dato dalla protezione dei dati personali e con la tutela della privacy. Il diritto nell’età dell’informazione non è infatti che l’interfaccia che media queste due sfere: una nuova dipendenza tecnologica che innesca un’inedita interdipendenza sistemica
This edited volume explores the intersection between philosophy and computing. It features work presented at the 2016 annual meeting of the International Association for Computing and Philosophy. The 23 contributions to this volume neatly represent a cross section of 40 papers, four keynote addresses, and eight symposia as they cut across six distinct research agendas. The volume begins with foundational studies in computation and information, epistemology and philosophy of science, and logic. The contributions next examine research into computational aspects of cognition and philosophy of mind. This leads to a look at moral dimensions of man-machine interaction as well as issues of trust, privacy, and justice. This multi-disciplinary or, better yet, a-disciplinary investigation reveals the fruitfulness of erasing distinctions among and boundaries between established academic disciplines. This should come as no surprise. The computational turn itself is a-disciplinary and no former discipline, whether scientific, artistic, or humanistic, has remained unchanged. Rigorous reflection on the nature of these changes opens the door to inquiry into the nature of the world, what constitutes our knowledge of it, and our understanding of our place in it. These investigations are only just beginning. The contributions to this volume make this clear: many encourage further research and end with open questions.
This book provides a detailed discussion of the theoretical and practical implications of the change driven by ICTs. Such a change is often much more profound than an emphasis on information technology and society can capture, for not only does it bring about ethical and policy vacuums that call for a new understanding of ethics, politics and law, but it also “re-ontologizes reality”, as propounded by Luciano Floridi’s philosophy and ethics of information. The informational turn is transforming our understanding of reality by challenging the conventional ways we have of thinking about our world and our identities in terms of stable and enduring structures and beliefs. The information age we inhabit brings to completion our self-understanding as informational systems that produce, process, and exchange information with other informational systems, in an environment that is itself made up of information. The present volume provides us with a better understanding of the normative nature and role of information, helping us to grasp the sense and extent to which informational resources serve as “constraining affordances” guiding our behaviours. It does so by delineating the background against which we build our beliefs about reality, make decisions, and behave, through our interactions with a multi-agent system that is increasingly dependent on ICTs. The book will be of interest to a vast audience, ranging from information technologists, ethicists, policy makers, social and legal scholars, and all those willing to embrace the following three tenets: we construct our world and ourselves informationally; by constructing our world and ourselves we thereby become aware of our limits; it is precisely these limits that make us become human beings.
This book discusses issues relating to the application of AI and computational modelling in criminal proceedings from a European perspective. Part one provides a definition of the topics. Rather than focusing on policing or prevention of crime – largely tackled by recent literature – it explores ways in which AI can affect the investigation and adjudication of crime. There are two main areas of application: the first is evidence gathering, which is addressed in Part two. This section examines how traditional evidentiary law is affected by both new ways of investigation – based on automated processes (often using machine learning) – and new kinds of evidence, automatically generated by AI instruments. Drawing on the comprehensive case law of the European Court of Human Rights, it also presents reflections on the reliability and, ultimately, the admissibility of such evidence. Part three investigates the second application area: judicial decision-making, providing an unbiased review of the meaning, benefits, and possible long-term effects of ‘predictive justice’ in the criminal field. It highlights the prediction of both violent behaviour, or recidivism, and future court decisions, based on precedents. Touching on the foundations of common law and civil law traditions, the book offers insights into the usefulness of ‘prediction’ in criminal proceedings.
We delegate more and more decisions and tasks to artificial agents, machine-learning mechanisms, and algorithmic procedures or, in other words, to computational systems. Not that we are driven by powerful ambitions of colonizing the Moon, replacing humans with legions of androids, creating sci-fi scenarios à la Matrix or masterminding some sort of Person of Interest-like Machine. No, the current digital revolution based on computational power is chiefly an everyday revolution. It is therefore that much more profound, unnoticed and widespread, for it affects our customary habits and routines and alters the very texture of our day-to-day lives. This opens a precise line of inquiry, which constitutes the basic thesis of the present text: our computational power is exercised by trying to adapt not just the world but also our representation of reality to how computationally based ICTs work. The impact of this technology is such that it does not leave things as they are: it changes the nature of agents, habits, objects and institutions and hence it subverts the existing order, without necessarily generating a new one. I argue that this power is often not distributed in an egalitarian manner but, on the contrary, is likely to result in concentrations of wealth, in dominant positions or in unjust competitive advantages. This opens up a struggle, with respect to which the task of reaffirming the fundamental values, the guiding principles, the priorities and the rules of the game, which can transform, or attempt to transform, a fierce confrontation between enemies in a fair competition between opponents rests on us.
Legal design has been with us for over a decade. Its core idea, i.e. to use design methods to make the world of law accessible to all, has been widely embraced by academics, researchers, and professionals. Over time, the field has grown, expanding its initial problem-solving approach to other dimensions of design, such as speculative design, design fiction, proactive law, and disciplines like cognitive science and philosophy. The book presents a state-of-the-art reflection on legal design evolution and applications. It features twelve insightful contributions discussed during the 2023 'Legal Design Roundtable' on 'Design(s) for Law', organised within the Erasmus+ Jean Monnet clinic on 'EU Digital Rights, Law, and Design'. These perspectives from academics and professionals add important nuances to the literature, either presenting new approaches, applying consolidated practices to new contexts and areas, or showcasing actual and potential applications. Ideal for academics, legal professionals, and students, this book is a must-read for anyone interested in new critical approaches to the law and in the creative construction of fairer and more human-friendly legal systems.
This book features peer reviewed contributions from across the disciplines on themes relating to protection of data and to privacy protection. The authors explore fundamental and legal questions, investigate case studies and consider concepts and tools such as privacy by design, the risks of surveillance and fostering trust. Readers may trace both technological and legal evolution as chapters examine current developments in ICT such as cloud computing and the Internet of Things. Written during the process of the fundamental revision of revision of EU data protection law (the 1995 Data Protection Directive), this volume is highly topical. Since the European Parliament has adopted the General Data Protection Regulation (Regulation 2016/679), which will apply from 25 May 2018, there are many details to be sorted out. This volume identifies and exemplifies key, contemporary issues. From fundamental rights and offline alternatives, through transparency requirements to health data breaches, the reader is provided with a rich and detailed picture, including some daring approaches to privacy and data protection. The book will inform and inspire all stakeholders. Researchers with an interest in the philosophy of law and philosophy of technology, in computers and society, and in European and International law will all find something of value in this stimulating and engaging work.
In recent decades, there has been a groundbreaking evolution in technology. Every year, technology not only advances, but it also spreads throughout industries. Many fields such as law, education, business, engineering, and more have adopted these advanced technologies into their toolset. These technologies have a vastly different effect ranging from these different industries. The Handbook of Research on Applying Emerging Technologies Across Multiple Disciplines examines how technologies impact many different areas of knowledge. This book combines a solid theoretical approach with many practical applications of new technologies within many disciplines. Covering topics such as computer-supported collaborative learning, machine learning algorithms, and blockchain, this text is essential for technologists, IT specialists, programmers, computer scientists, engineers, managers, administrators, academicians, students, policymakers, and researchers.
This discerning book provides a wide-ranging comparative analysis of the legal and social policy challenges posed by the spread of different forms of precarious work in Europe, with various social models in force and a growing ‘gig economy’ workforce. It not only considers the theoretical foundations of the concept of precarious work, but also offers invaluable insight into the potential methods of addressing this phenomenon through labour regulation and case law at EU and national level.