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9 - Regulation by AI?

from Part III - Possibilities

Published online by Cambridge University Press:  15 July 2021

Simon Chesterman
Affiliation:
National University of Singapore
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Summary

This chapter turns to the possibility that the AI systems challenging the legal order may also offer at least part of the solution. Here China, which has among the least developed rules to regulate conduct by AI systems, is at the forefront of using that same technology in the courtroom. This is a double-edged sword, however, as its use implies a view of law that is instrumental, with parties to proceedings treated as means rather than ends. That, in turn, raises fundamental questions about the nature of law and authority: at base, whether law is reducible to code that can optimize the human condition, or if it must remain a site of contestation, of politics, and inextricably linked to institutions that are themselves accountable to a public. For many of the questions raised, the rational answer will be sufficient; but for others, what the answer is may be less important than how and why it was reached, and whom an affected population can hold to account for its consequences.

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Chapter
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We, the Robots?
Regulating Artificial Intelligence and the Limits of the Law
, pp. 224 - 242
Publisher: Cambridge University Press
Print publication year: 2021

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  • Regulation by AI?
  • Simon Chesterman, National University of Singapore
  • Book: We, the Robots?
  • Online publication: 15 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781009047081.011
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  • Regulation by AI?
  • Simon Chesterman, National University of Singapore
  • Book: We, the Robots?
  • Online publication: 15 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781009047081.011
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Regulation by AI?
  • Simon Chesterman, National University of Singapore
  • Book: We, the Robots?
  • Online publication: 15 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781009047081.011
Available formats
×