Publicaties
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Grounding Computational Law in legal education and professional legal training Vrije Universiteit Brussel
In this chapter I address the challenges presented by computational technologies when used to enact, search and decide the law. While investigating the ‘traditional’ way of studying and practising law, I explain that and how the practice and the study of law depend on a particular technological infrastructure, grounded in the technologies of the word (script and printing press). I then investigate what computational legal technologies are ...
Text-Driven Jurisdiction in Cyberspace Vrije Universiteit Brussel
In this paper I further developa philosophy of technology for law and the rule of law, more specifically for the role of territorial jurisdiction in the protection againstcrime and against arbitrary use of the ius puniendi. In the face of the code-and data-driven nature of cyberspace I will discuss modern positive law as based on a text-driven jurisdictionand the main argument of the paper is that we cannot take for granted that the kind of ...
Law for Computer Scientists Vrije Universiteit Brussel
In this tutorial, we provide insights on what law does, how it operates and why it matters. We will more specifically dive into what law has to do with computer science or AI. In the second part we will zoom in on a set of texts that are highly relevant for computer science and AI. A first aspect we discuss the content of legal norms that apply to the processing of personal data, followed by a brief analysis of the proposed AI Act.
Boundary Work between Computational ‘Law’ and ‘Law-as-We-Know-it’ Vrije Universiteit Brussel
This chapter enquires into the use of big data analytics and prediction of judgment to inform both law and legal decision-making. The main argument is that the use of data-driven ‘legal technologies’ may transform the ‘mode of existence’ of law as-we-know-it, whose characteristics depend on its text-based nature. To explain why and how computational ‘law’ would be different, the author deciphers the mathematical assumptions of machine learning ...
The Issue of Proxies and Choice Architectures. Why EU Law Matters for Recommender Systems Vrije Universiteit Brussel
Recommendations are meant to increase sales or ad revenue, as these are the first priority of those who pay for them. As recommender systems match their recommendations with inferred preferences, we should not be surprised if the algorithm optimizes for lucrative preferences and thus co-produces the preferences they mine. This relates to the well-known problems of feedback loops, filter bubbles, and echo chambers. In this article, I discuss the ...
Qualification and Quantification in Machine Learning. From Explanation to Explication Vrije Universiteit Brussel
Moving beyond the conundrum of explanation, usually portrayed as a trade-off against accuracy, this article traces the recent emergence of explainable AI to the legal “right to an explanation”, situating the need for an explanation in the underlying rule of law principle of contestability. Instead of going down the rabbit hole of causal or logical explanations, the article then revisits the Methodenstreit, whose outcome has resulted in the ...
Artificial Justice: The Quandary of AI in the Courtroom Vrije Universiteit Brussel
Artificial intelligence is here, and it’s everywhere. The technology is so pervasive, in fact, that it now hides in plain sight — in our cars and on our coffee tables. Many of us don’t think twice about the Alexa or Nest devices that store vast amounts of data on our homes, families, and lives.
Commonplace as the technology is, AI can be so complex that even the most sophisticated computer scientists can have difficulty explaining it, ...
Commonplace as the technology is, AI can be so complex that even the most sophisticated computer scientists can have difficulty explaining it, ...