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Week 8: The death of law - Coggle Diagram
Week 8: The death of law
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Part II The rule of law contrasted with technological management: "explains the contrast between the rule of law and technological management."
Classic antitheses to rule of law: 1, dictaatorship; 2, anarchy
New one = 3 governance by norms generated by big data analytics
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computational things on work in aspect of governance that don't need to be done through individual law
ME: law not as controlling us on a personal level (or sort of idk acheiving underlying goals through that), but maybe as providing a code for us to lvie by, guidance for how to live together that kind of thing
rule of law works by fostering resonisbility for people's own lives, state MUST TREAT EACH CITIZEN AS AN AGENT -- i think this is a good point we become idk mindless subjects??? i think that's not what we sign up for. already talked about how perosnalused law reduces us to less than our humanity
" Computationally per
sonalized governance (by which we mean the imposition by the state of binding
particular norms generated by big data analytics) treats the person, instead, as an
object (an object of assessment or an object of gratification)."
object is a good way of putting it
" The state’s only form of agency will lie in the sovereign act of
requiring the individual to comply with whatever particular directive issues from
the machine-learning process. The state’s responsibility for the substance of the law
will diminish"
thats a good point removes responsibility from the state- despite its whole role being to govern, also removes transparency- talked about before (only understand outcome of decision, not substance and why decisions were made (ig the technology could explain though?? but there's already an arbitrary bit, like they say you have to drive slow because you're reckless based on xxx and you maybe disagree idk????)
Part III The Principles of Private Agency and Public Agency: "offers an initial statement of the principles of private and public
agency and of our core argument: that computerized personalization can only
legitimately be used in governance where its use is compatible with the two prin
ciples and with the rule of law."
"Our core argument is that
the state ought to respect and preserve personal responsibility and ought to
achieve responsible government."
they kind of accept the benefits of personalised law but also say it dooesn't ame up for loss of autonomy and responsible govt resulting from rivate persons and public actors not being treated as responsible agents- funny cause this is also just a claim but i agree with it morally so find it fine
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Part VI Private agency and public agency: What the two principles require: "unpacks the
principles of private and public agency and explains why they rule out indiscrim
inate use of the techniques outlined in Parts iv and v. "
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Part VIII: conclusion "points out collateral
objections that might be made (and have been made) against replacing the rule
of law with algorithmic regulation and explains why our objection is more basic
than those objections."