Algorithmic Governance and Governance of Algorithms: An Introduction

Gamito, Marta Cantero; Ebers, Martin

doi:10.1007/978-3-030-50559-2_1

Cited by 5 publications

(1 citation statement)

References 27 publications

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“…In Filippi and Wright (2018), it is called Lex Cryptographia; in Law.MIT.edu (2021), Law (2005), and Genesereth (2021), it is called Computational Law; in Hazard and Haapio (2017) and Micheler and Whaley (2020), it is called Replacement of Law with Computer Code; and in Surden (2012), it is called Computable Contracts. It can fairly be called Programmable Law because it is a law implemented by computer programs or Algorithmic Governance (Werbach, 2020; Gamito and Ebers, 2021; Gasser and Almeida, 2022) to emphasize that law enforcement will follow algorithms, that is, strict mathematical procedures.…”

Section: Introductionmentioning

confidence: 99%

On the use of smart hybrid contracts to provide flexibility in algorithmic governance

Molina-Jimenez,

Felizia

2024

Data & Policy

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The use of computer technology to automate the enforcement of law is a promising alternative to simplify bureaucratic procedures. However, careless automation might result in an inflexible and dehumanized law enforcement system driven by algorithms that do not account for the particularities of individuals or minorities. In this article, we argue that hybrid smart contracts deployed to monitor rather than blindly enforce regulations can be used to add flexibility. Enforcement is a suitable alternative only when prevention is strictly necessary; however, we argue that in many situations a corrective approach based on monitoring is more flexible and suitable. To add more flexibility, the hybrid smart contract can be programmed to stop to request the intervention of a human or of a group of them when human judgment is needed.

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Section: Introductionmentioning

confidence: 99%

On the use of smart hybrid contracts to provide flexibility in algorithmic governance

Molina-Jimenez,

Felizia

2024

Data & Policy

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What Role for Ethics in the Law of AI?

Catanzariti

2023

Artificial Intelligence, Social Harms and Human Rights

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Collective Wisdom in Constitutional, Informational and Digital Dimensions: on the Concept and Nature of Popular Deliberative Constitutionalism for Public Law

Kravets

2024

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The article discusses the scientific and intellectual origins of collective wisdom in the constitutional, information and digital dimensions, reveals the doctrinal approaches and normative foundations of popular deliberative constitutionalism, the development of an inclusive constitutional paradigm and its significance for the use of procedures and technologies for citizen participation, expert opinion and civil society institutions in the constitutional development, in social transformations, in constitutional changes brought to life by the needs of society and the state. Popular deliberative constitutionalism is identified in the article as a public legal meta-concept that explains the process and need for constitutional involvement of citizens. The author concludes that popular deliberative constitutionalism allows us to better understand the problems of implementing the principle of popular sovereignty in modern democratic states, create an optimal model and consider the forms of exercising the constituent power of the people when implementing constitutional changes. In the article, the author notes that the future of democratic constitutionalism is associated with the creation and use of collective intelligence technologies in the public legal sphere, which, in the context of the development of an algorithmic and information society, combine classical procedures for discussing constitutional issues and the use of aggregated preferences. The practical application of the achievements of natural and artificial intelligence is intended to discuss and resolve issues of public legal significance, is based on co-evolutionary development and leads to the emergence of mini-publics, civil assemblies, and constitutional crowdsourcing.

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Algorithmic Governance and Governance of Algorithms: An Introduction

Cited by 5 publications

References 27 publications

On the use of smart hybrid contracts to provide flexibility in algorithmic governance

On the use of smart hybrid contracts to provide flexibility in algorithmic governance

What Role for Ethics in the Law of AI?

Collective Wisdom in Constitutional, Informational and Digital Dimensions: on the Concept and Nature of Popular Deliberative Constitutionalism for Public Law

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