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Legal Challenges in the New Digital Age
Legal Challenges in the New Digital Age addresses a wide range of legal issues related to emerging technologies. These technologies pose prominent legal challenges, in particular, how to wedge new phenomena into old frameworks; whether we can and should delegate responsibilities to technologies and how to cope with newly created powers of manipulation. Edited by Ana Mercedes Lopez Rodriguez, Michael D. Green and Maria Lubomira Kubica, the book’s sixteen chapters are written by highly qualified international practitioners and academics from different jurisdictions. Familiarity with the intricacies of emerging technologies is essential for judges, practitioners, legal staff, business people and scholars. This book’s combination of highly thought-provoking topics and in-depth analysis will prove indispensable to all interested parties.
The Just Culture Principles in Aviation Law
This book reviews and critically analyzes the current legal framework with regard to a more just culture for the aviation sector. This new culture is intended to protect front-line operators, in particular controllers and pilots, from legal action (except in the case of willful misconduct or gross negligence) by creating suitable laws, regulations and standards. In this regard, it is essential to have an environment in which all incidents are reported, moving away from fears of criminalization. The approach taken until now has been to seek out human errors and identify the individuals responsible. This punitive approach does not solve the problem because frequently the system itself is (also) at fault. Introducing the framework of a just culture could ensure balanced accountability for both individuals and complex organizations responsible for improving safety. Both aviation safety and justice administration would benefit from this carefully established equilibrium.
Human Rights in European Criminal Law
This book deals with human rights in European criminal law after the Lisbon Treaty. Doubtless the Lisbon Treaty has constituted a milestone in the development of European criminal justice. Not only has the reform following the Treaty given binding force to the EU Charter of Fundamental Rights, but furthermore it has paved the way for unprecedented forms of supranational legislation. In this scenario, the enforcement of individual rights in criminal matters has become a core goal of EU legislation. Alongside these developments, new interactions between national and supranational jurisprudences have emerged, which have significantly contributed to a human rights-oriented approach to European criminal law. The book analyses the main developments of this complex phenomenon from an interdisciplinary perspective. Criminal and procedural law, constitutional law and comparative law must thus be combined to achieve a full understanding of these developments and of their impact on national law.
Artificial Intelligence and International Human Rights Law
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. The open access publication has been financially supported by Nicolaus Copernicus University in Toruń as part of the research project: “Freedom or Security? Legal and Ethical Dilemmas of New Digital Technologies - the Perspective of International Human Rights Law and Security Policies” (IDUB grant, “Inter disciplinas excellentia”) This book explores how international organizations have addressed the actual and potential human rights issues caused by AI technologies. Combining in-depth theoretical and doctrinal analysis with a pragmatic approach, it addresses vital questions on where accountability and responsibility for AI-related violations of human rights should lie.
Research Handbook on the Law of Artificial Intelligence
This second edition provides a broad range of perspectives on the legal implications of artificial intelligence (AI) across different global jurisdictions. Contributors identify the potential threats that AI poses to the protection of rights and human wellbeing, anticipating future developments in technological and legal infrastructures.
The Fight Against Impunity in EU Law
The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of th...
Computational Power
We delegate more and more decisions and tasks to artificial agents, machine-learning mechanisms, and algorithmic procedures or, in other words, to computational systems. Not that we are driven by powerful ambitions of colonizing the Moon, replacing humans with legions of androids, creating sci-fi scenarios à la Matrix or masterminding some sort of Person of Interest-like Machine. No, the current digital revolution based on computational power is chiefly an everyday revolution. It is therefore that much more profound, unnoticed and widespread, for it affects our customary habits and routines and alters the very texture of our day-to-day lives. This opens a precise line of inquiry, which cons...
Artificial Intelligence, Computational Modelling and Criminal Proceedings
This book discusses issues relating to the application of AI and computational modelling in criminal proceedings from a European perspective. Part one provides a definition of the topics. Rather than focusing on policing or prevention of crime – largely tackled by recent literature – it explores ways in which AI can affect the investigation and adjudication of crime. There are two main areas of application: the first is evidence gathering, which is addressed in Part two. This section examines how traditional evidentiary law is affected by both new ways of investigation – based on automated processes (often using machine learning) – and new kinds of evidence, automatically generated b...
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