Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Bridging The Accountability Gap: Rights For New Entities In The Information Society?, Bert-Jaap Koops, Mireille Hildebrandt, David-Olivier Jaquet-Chiffelle
Bridging The Accountability Gap: Rights For New Entities In The Information Society?, Bert-Jaap Koops, Mireille Hildebrandt, David-Olivier Jaquet-Chiffelle
Bert-Jaap Koops
New entities in the information society that operate at increasing distance from the physical persons ‘behind’ them, such as pseudonyms, avatars, software agents, and robots, challenge the law. One way of addressing this challenge is to attribute legal rights and/or duties in some contexts to non-humans, thus creating entities that are addressable in law themselves rather than the persons ‘behind’ them. In this article, we review existing literature on rights for non-humans, with a particular focus on emerging entities in the information society. We discuss three strategies for the law to deal with the challenge of these new entities: interpreting …
Technology And The Crime Society: Rethinking Legal Protection, Bert-Jaap Koops
Technology And The Crime Society: Rethinking Legal Protection, Bert-Jaap Koops
Bert-Jaap Koops
Building on existing insights of the risk society and the surveillance society, this article sketches the contours of the emerging crime society, where every form of human behaviour is perceived in terms of potential criminal risk and controlled by means of criminal law. It articulates the pivotal role of technology in the ever increasing footprint of criminal law, as it often facilitates criminalisation, expanding policing, preventative and architectural approaches, and pervasive surveillance. Criminal law is shifting from a last resort to a primary tool of social control: criminal risk governance. This paradigm shift goes hand in hand with a shift …