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Criminal Law And Technology In A Data-Driven Society, Mireille Hildebrandt
Criminal Law And Technology In A Data-Driven Society, Mireille Hildebrandt
Mireille Hildebrandt
This chapter takes leave of the idea that lawyers can remain immersed in legal text. It takes a stand for a careful reflection on what data-driven architectures do to some of the assumptions of modern law that are mistakenly taken for granted. Merely enacting the presumption of innocence by means of legal code will not do in the present future. If the defaults of Big Data analytics all point in the direction of precrime punishment or the pre-emption of inferred criminal intent, we need to reconfigure the smart decision systems that progressively mediate the perception and cognition of law enforcement …
Eccentric Positionally As A Precondition For The Criminal Liability For Artificial Life Forms, Mireille Hildebrandt
Eccentric Positionally As A Precondition For The Criminal Liability For Artificial Life Forms, Mireille Hildebrandt
Mireille Hildebrandt
This contribution explores Plessner’s distinction between animal centricity and human eccentricity as “a difference that makes a difference” for the attribution of criminal liability to artificial life forms (ALFs). Building on the work of Steels and Bourgine & Varela on artificial life and Matura & Varela’s notion of autopoiesis I will reason that even if ALFs are autonomous in the sense even of having the capacity to rewrite their own program, this in itself is not enough to understand them as autonomous in the sense of instantiating an eccentric position that allows for reflection on their actions as their own …