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A Vision Of Ambient Law, Mireille Hildebrandt
A Vision Of Ambient Law, Mireille Hildebrandt
Mireille Hildebrandt
On 1 November 1755, All Saints’ Day, Lisbon was shocked by an earthquake that brought on a series of waves in European politics and architecture. In her The Faces of Injustice Judith Shklar discusses this earthquake as a turning point for the demarcation line between natural and man-made disaster, shifting the borders of responsibility of governments to include harm caused by natural disasters that should have been anticipated. The urban architecture of Lisbon, a city with a myriad of small streets that offered no shelter once the houses started coming down, was partly to blame for the excessive amount of …
Legal And Technological Normativity: More (And Less) Than Twin Sisters, Mireille Hildebrandt
Legal And Technological Normativity: More (And Less) Than Twin Sisters, Mireille Hildebrandt
Mireille Hildebrandt
Within science technology and society studies the focus has long been on descriptive micro-analyses. Several authors have raised the issue of the normative implications of the findings of research into socio-technical devices and infrastructures, while some claim that material artifacts have moral significance or should even be regarded as moral actors. In this contribution the normative impact of technologies is investigated and compared with the normative impact of legal norms, arguing that a generic concept of normativity is needed that does not depend on the intention of whoever designed either a law or a technology. Furthermore this contribution develops the …
Profiles And Correlatable Humans, Mireille Hildebrandt
Profiles And Correlatable Humans, Mireille Hildebrandt
Mireille Hildebrandt
In this chapter I discuss some of the crucial implications of profiling practices for identity, legal subjectivity, democracy and rule of law. To this end I will attempt to answer (or at least raise) the question if and how the information and/or knowledge generated by these technologies can be made justiciable. First I will explain what is meant by the term profiling practices (section 2). Second I will discuss the purposes and some of the effects of the type of knowledge these practices produce (section 3). Third I will indicate in what ways profiling technologies produce a new type of …