The present work advances knowledge by placing law and media ecology in a dialogue. It demonstrates that using the theoretical framework of media ecology creates new insights. Its use enables legal scholars to identify and analyse invisibilities in the law. By engaging with such invisibilities, legal scholars can become more self-reflective about how they engage with the law. They can gain a different perspective on legal issues and reframe how they understand these issues. As a result, the legal community becomes better positioned to propose new approaches to tackling legal problems. The article uses numerous case studies. Two case studies involve law and emotion scholarship. The third case study focuses on scholarship, which examines the sensory dimension of law.
Scholars have identified challenges to protecting individuals from discrimination in contexts where organisations deploy artificial intelligence decision-making processes. While scholarship on ‘digital discrimination’ is growing, scholars have paid less attention to the impact of the use of artificial intelligence decision-making processes on persons with disabilities. This article posits that while the use of artificial intelligence technology can be beneficial for some purposes, its deployment can also construct a disability. The article demonstrates that the Convention on the Rights of Persons with Disabilities can be interpreted in a manner that confers a wide variety of human rights on persons with disabilities in the context when entities deploy artificial intelligence decision-making processes. The article proposes a test for digital discrimination based on disability and shows how it can be incorporated into the treaty through legal interpretation. Thereafter, it moves to developing an analogous general test for digital discrimination under international human rights law, applicable beyond a catalogue of protected characteristics.
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