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The Philosophy of Law Meets the Philosophy of Technology

Author: Mireille Hildebrandt

Publisher: Routledge

Published: 2011-08-26

Total Pages: 249

ISBN-13: 1136807675

Law, Human Agency and Autonomic Computing interrogates the legal implications of the notion and experience of human agency implied by the emerging paradigm of autonomic computing, and the socio-technical infrastructures it supports. The development of autonomic computing and ambient intelligence – self-governing systems – challenge traditional philosophical conceptions of human self-constitution and agency, with significant consequences for the theory and practice of constitutional self-government. Ideas of identity, subjectivity, agency, personhood, intentionality, and embodiment are all central to the functioning of modern legal systems. But once artificial entities become more autonomic, and less dependent on deliberate human intervention, criteria like agency, intentionality and self-determination, become too fragile to serve as defining criteria for human subjectivity, personality or identity, and for characterizing the processes through which individual citizens become moral and legal subjects. Are autonomic – yet artificial – systems shrinking the distance between (acting) subjects and (acted upon) objects? How ‘distinctively human’ will agency be in a world of autonomic computing? Or, alternatively, does autonomic computing merely disclose that we were never, in this sense, ‘human’ anyway? A dialogue between philosophers of technology and philosophers of law, this book addresses these questions, as it takes up the unprecedented opportunity that autonomic computing and ambient intelligence offer for a reassessment of the most basic concepts of law.

Privacy, Due Process and the Computational Turn

Author: Mireille Hildebrandt

Publisher: Routledge

Published: 2013-06-03

Total Pages: 266

ISBN-13: 1134619154

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Privacy, Due process and the Computational Turn: The Philosophy of Law Meets the Philosophy of Technology engages with the rapidly developing computational aspects of our world including data mining, behavioural advertising, iGovernment, profiling for intelligence, customer relationship management, smart search engines, personalized news feeds, and so on in order to consider their implications for the assumptions on which our legal framework has been built. The contributions to this volume focus on the issue of privacy, which is often equated with data privacy and data security, location privacy, anonymity, pseudonymity, unobservability, and unlinkability. Here, however, the extent to which predictive and other types of data analytics operate in ways that may or may not violate privacy is rigorously taken up, both technologically and legally, in order to open up new possibilities for considering, and contesting, how we are increasingly being correlated and categorizedin relationship with due process – the right to contest how the profiling systems are categorizing and deciding about us.

Information, Freedom and Property

Author: Mireille Hildebrandt

Publisher: Routledge

Published: 2016-07-01

Total Pages: 223

ISBN-13: 1317210425

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This book addresses issues on the nexus of freedom of and property in information, while acknowledging that both hiding and exposing information may affect our privacy. It inquires into the physics, the technologies, the business models, the governmental strategies and last but not least the legal frameworks concerning access, organisation and control of information. It debates whether it is in the very nature of information to be either free or monopolized, or both. Analysing upcoming power structures, new types of colonization and attempts to replace legal norms with techno-nudging, this book also presents the idea of an infra-ethics capable of pre-empting our pre-emption. It discusses the interrelations between open access, the hacker ethos, the personal data economy, and freedom of information, highlighting the ephemeral but pivotal role played by information in a data-driven society. This book is a must-read for those working on the contemporary dimensions of freedom of information, data protection, and intellectual property rights.

Readings in the Philosophy of Technology

Author: David M. Kaplan

Publisher: Rowman & Littlefield Publishers

Published: 2009-10-16

Total Pages: 602

ISBN-13: 074256536X

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Ideal for professors who want to provide a comprehensive set of the most important readings in the philosophy of technology, from foundational to the cutting edge, this book introduces students to the various ways in which societies, technologies, and environments shape one another. The readings examine the nature of technology as well as the effects of technologies upon human knowledge, activities, societies, and environments. Students will learn to appreciate the ways that philosophy informs our understanding of technology, and to see how technology relates to ethics, politics, nature, human nature, computers, science, food, and animals.

Smart Technologies and the End(s) of Law

Author: Mireille Hildebrandt

Publisher: Edward Elgar Publishing

Published: 2015-02-27

Total Pages: 295

ISBN-13: 1849808775

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This timely book tells the story of the smart technologies that reconstruct our world, by provoking their most salient functionality: the prediction and preemption of our day-to-day activities, preferences, health and credit risks, criminal intent and

Virtuality and Capabilities in a World of Ambient Intelligence

Author: Luiz Costa

Publisher: Springer

Published: 2016-08-31

Total Pages: 199

ISBN-13: 3319391984

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This book is about power and freedoms in our technological world and has two main objectives. The first is to demonstrate that a theoretical exploration of the algorithmic governmentality hypothesis combined with the capability approach is useful for a better understanding of power and freedoms in Ambient Intelligence, a world where information and communication technologies are invisible, interconnected, context aware, personalized, adaptive to humans and act autonomously. The second is to argue that these theories are useful for a better comprehension of privacy and data protection concepts and the evolution of their regulation. Having these objectives in mind, the book outlines a number of theses based on two threads: first, the elimination of the social effects of uncertainty and the risks to freedoms and, second, the vindication of rights. Inspired by and building on the outcomes of different philosophical and legal approaches, this book embodies an effort to better understand the challenges posed by Ambient Intelligence technologies, opening paths for more effective realization of rights and rooting legal norms in the preservation of the potentiality of human capabilities.

Ethics, Law and the Politics of Information

Author: Massimo Durante

Publisher: Springer

Published: 2017-08-03

Total Pages: 224

ISBN-13: 940241150X

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This book provides a detailed discussion of the theoretical and practical implications of the change driven by ICTs. Such a change is often much more profound than an emphasis on information technology and society can capture, for not only does it bring about ethical and policy vacuums that call for a new understanding of ethics, politics and law, but it also “re-ontologizes reality”, as propounded by Luciano Floridi’s philosophy and ethics of information. The informational turn is transforming our understanding of reality by challenging the conventional ways we have of thinking about our world and our identities in terms of stable and enduring structures and beliefs. The information age we inhabit brings to completion our self-understanding as informational systems that produce, process, and exchange information with other informational systems, in an environment that is itself made up of information. The present volume provides us with a better understanding of the normative nature and role of information, helping us to grasp the sense and extent to which informational resources serve as “constraining affordances” guiding our behaviours. It does so by delineating the background against which we build our beliefs about reality, make decisions, and behave, through our interactions with a multi-agent system that is increasingly dependent on ICTs. The book will be of interest to a vast audience, ranging from information technologists, ethicists, policy makers, social and legal scholars, and all those willing to embrace the following three tenets: we construct our world and ourselves informationally; by constructing our world and ourselves we thereby become aware of our limits; it is precisely these limits that make us become human beings.

Elements of a Philosophy of Technology

Author: Ernst Kapp

Publisher: U of Minnesota Press

Published: 2018-11-13

Total Pages: 391

ISBN-13: 1452958211

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The first philosophy of technology, constructing humans as technological and technology as an underpinning of all culture Ernst Kapp was a foundational scholar in the fields of media theory and philosophy of technology. His 1877 Elements of a Philosophy of Technology is a visionary study of the human body and its relationship with the world that surrounds it. At the book’s core is the concept of “organ projection”: the notion that humans use technology in an effort to project their organs to the outside, to be understood as “the soul apparently stepping out of the body in the form of a sending-out of mental qualities” into the world of artifacts. Kapp applies this theory of organ projection to various areas of the material world—the axe externalizes the arm, the lens the eye, the telegraphic system the neural network. From the first tools to acoustic instruments, from architecture to the steam engine and the mechanic routes of the railway, Kapp’s analysis shifts from “simple” tools to more complex network technologies to examine the projection of relations. What emerges from Kapp’s prophetic work is nothing less than the emergence of early elements of a cybernetic paradigm.

Law, Science, Technology

Author: Ulfrid Neumann

Publisher:

Published: 2013

Total Pages: 0

ISBN-13: 9783515103688

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The dynamic development of science and technology in the last decades has led to new challenges in jurisprudence. This holds for individual fields of doctrinal law as well as the concerned fields of jurisprudence. It is especially significant for the structure of justice, the efficiency of law as a steering instrument of society, and the empirical conditions of legal responsibility. In a jurisprudential perspective, the philosophy of law is rather engaged with the adaptiveness of its traditional principles and categories or the capacity to come to terms with the new developments and less conce.

Knowledge, Technology and Law

Author: Emilie Cloatre

Publisher: Routledge

Published: 2014-09-15

Total Pages: 270

ISBN-13: 1136002162

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The relationships between knowledge, technologies, and legal processes are central to the constitution of contemporary societies. As such, they have come to provide the focus for a range of academic projects, across interdisciplinary legal studies and the social sciences. The domains of medical law and ethics, intellectual property law, environmental law and criminal law are just some of those within which the pervasive place and ‘impact’ of technoscience is immediately apparent. At the same time, social scientists investigating the making of technology and expertise - in particular, scholars working within the tradition of science and technology studies - frequently interrogate how regulation and legal processes, and the making of knowledge and technologies, are intermingled in complex ways that come to shape and define each other. This book charts the important interface between studies of law, science and society, as explored from the perspectives of socio-legal studies and the increasingly influential field of science and technology studies. It brings together scholars from both areas to interrogate the joint roles of law and science in the construction and stabilization of socio-technical networks, objects, and standards, as well as their place in the production of contemporary social realities and subjectivities.