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Situating the Rule of Law in the Context of Automated Decision-Making
Umeå University, Faculty of Social Sciences, Department of Law.ORCID iD: 0000-0002-4642-3872
2023 (English)In: The Rule of Law and Automated Decision-Making: Exploring Fundamentals of Algorithmic Governance / [ed] Markku Suksi, Springer, 2023, p. 15-31Chapter in book (Refereed)
Abstract [en]

This contribution situates the rule of law in the context of automated decision-making by using leading rule of law theories to distill some key underlying values of the rule of law which carry particular significance for automated decision-making; dignity, autonomy, and democracy. While disagreement may exist surrounding specific components of the rule of law, general agreement seems to exist surrounding these core values underpinning the concept. By adopting these underlying values of the rule of law, issues with automation, such as the foreseeability of law, access to justice, or non-discrimination, can also be conceptualized as tensions between achieving automation and maintaining respect for human dignity, autonomy of the individual, and a connection to democratic processes. These tensions are finally explained and illustrated through the analogy of normative refraction occurring as automated decision-making requires legal intent to be mediated not only by the language of the law, but through additional refractive layers of code and data. While existing rule of law principles are adapted for managing the refraction added by the language of law, new approaches may be needed to manage the challenges emerging from the additional layers of code and data.

Place, publisher, year, edition, pages
Springer, 2023. p. 15-31
Keywords [en]
Rule of law, Automated decision-making, Dignity, Autonomy, Democracy, Normative refraction
National Category
Law (excluding Law and Society)
Research subject
Law; jurisprudence
Identifiers
URN: urn:nbn:se:umu:diva-212379DOI: 10.1007/978-3-031-30142-1_2ISBN: 978-3-031-30141-4 (print)ISBN: 978-3-031-30142-1 (electronic)OAI: oai:DiVA.org:umu-212379DiVA, id: diva2:1784482
Projects
HYDE – Human agency and the rule of law in semi-automated decision-making systems
Funder
Swedish Research Council, 2020-02278Available from: 2023-07-26 Created: 2023-07-26 Last updated: 2023-08-16Bibliographically approved

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Naarttijärvi, Markus

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CiteExportLink to record
Permanent link

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Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf