scholarly journals Fairness in Algorithmic Decision-making

Amicus Curiae ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 84-96
Author(s):  
Adam Harkens
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Legal Framework ◽  
Legal Issues ◽  
Public Authorities ◽  
Policy Choices ◽  
Trade Offs ◽  
The Law

This article discusses conceptions of fairness in algorithmic decision-making, within the context of the UK’s legal system. Using practical operational examples of algorithmic tools, itargues that such practices involve inherent technical trade-offs over multiple, competing notions of fairness, which are further exacerbated by policy choices made by those public authorities who use them. This raises major concerns regarding the ability of such choices to affect legal issues in decision-making, and transform legal protections, without adequate legal oversight, or a clear legal framework. This is not to say that the law does not have the capacity to regulate and ensure fairness, but that a more expansive idea of its function is required.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

8 Close-Out Netting and Safe Harbours

2020 ◽  
Keyword(s):  
Credit Risk ◽  
Legal Framework ◽  
Legal Issues ◽  
Early Termination ◽  
Insolvency Law ◽  
The Law ◽  
Safe Harbours ◽  
Multiple Jurisdictions

This chapter studies the early termination of collateral transactions. It is in this context that the transactions must prove their worth, i.e. must show they indeed reduce or limit the credit risk the collateral taker runs on the collateral provider. To achieve this result, contractual techniques have been developed that have subsequently been sanctioned and protected by the law. The chapter looks at the legal framework regulating those contractual techniques. However, the early termination of collateral transactions and the enforcement by the collateral taker of its rights in the assets provided as collateral involve specific legal issues. The majority of collateral transactions provide for 'close-out netting' as a way of enforcement; close-out netting thus replaces traditional enforcement of security interests, such as public auction. In addition, the termination of collateral transactions, and close-out netting in particular, in multiple jurisdictions is protected by 'safe harbours', i.e. shielded from insolvency law rules that would otherwise be applicable.

10 London

2014 ◽  
Author(s):  
Jagusch Stephen ◽  
Triantafilou Epaminontas E
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Court Decisions ◽  
England And Wales ◽  
Recognition And Enforcement ◽  
English Law ◽  
The Law ◽  
Key Aspects ◽  
Laws And Regulations

This chapter summarizes the key aspects of the English legal system with respect to the role of courts in arbitrations seated in England and Wales. First, it highlights the key provisions of relevant English legislation, mainly of the English Arbitration Act of 1996 and the principal court decisions arising under that legislation. Second, it describes the manner in which English law as the law of the seat affects the role of English courts in the course of three discrete stages: before the award, after the award, and during recognition and enforcement. In the process and where necessary, it addresses and ultimately rejects recently articulated concerns questioning the supremacy of England and Wales as an arbitration seat. The chapter concludes that England and Wales possesses a comprehensive and clearly articulated legal framework governing arbitration, and a sophisticated, impartial judiciary with ample experience in complex arbitral disputes and the collateral issues they raise under both English law and foreign laws and regulations. The jurisdiction is distinctly arbitration-friendly, with a keen understanding of the benefits arbitration aims to confer on parties, and the policy considerations such benefits entail.

Legal issues in end-of-life care 2: consent and decision-making

2020 ◽  
Vol 12 (11) ◽  
pp. 1-6
Author(s):  
Helen Taylor
Keyword(s):  
Decision Making ◽  
End Of Life ◽  
End Of Life Care ◽  
Legal Framework ◽  
Legal Issues ◽  
Decision Making Process ◽  
Life Care ◽  
General Requirement ◽  
Cardio Pulmonary Resuscitation ◽  
Advance Decisions

Paramedics are legally and professionally obliged to uphold their patients' right to dignity, respect and autonomy—and this includes the general requirement to obtain their consent before proceeding with any intervention. The first instalment of this two-part article considered the challenges that this might present to the paramedic. This second article develops this theme and further explores the legal framework underpinning the decision-making process when caring for a patient approaching the end of life. It also examines issues around consent and mental capacity in more depth and addresses matters such as such as advance decisions to refuse treatment (ADRT) and do not attempt cardio-pulmonary resuscitation (DNACPR) decisions.

scholarly journals CONSTITUTIONALIZATION OF THE ASSOCIATION PROCESS BETWEEN UKRAINE AND EUROPEAN UNION: MEANINGFUL AND IMPLEMENTATING ASPECTS

2021 ◽  
pp. 67-76
Author(s):  
Ольга Стрєльцова ◽  
Сергій Прилуцький
Keyword(s):  
European Union ◽  
European Integration ◽  
Legal System ◽  
Legal Framework ◽  
Constitutional Reform ◽  
Political Life ◽  
Public Authorities ◽  
The Reformation ◽  
European Values ◽  
High Level

The purpose of the article is to research the process of constitutionalization of associative relations between Ukraine and European Union. The authors distinguish and reveal two significant aspects of this process: meaningful and implementing. It is determined that the meaningful constitutionalization by its essence is the constitutional modernization, where the meaningful updation of the Constitutional provisions is being made in order to form the constitutional pillars for further democratization of social and political life in Ukraine, the approximation of the national political and legal system in accordance with the European values and principles, the improvement of the internal legal framework. The implementing aspect of constitutionalization means the purposeful formation of constitutional preconditions for the implementation of Association Agreement’s provisions to the national legal system. The authors stipulate that the fulfillment of both meaningful and implementing constitutionalization of Ukraine's association with EU shall be implemented mainly by incorporating of this process directly into the context of the constitutional reform in Ukraine. The article analyzes the organizational and legal measures aimed at the realization by Ukraine of its European integration purpose and determines that such measures should be carried out by three fundamental directions. Such tendencies include: 1) reformation of the meaningful and implementing principles of the Fundamental Law of Ukraine in order to ensure the constitutional support of this process; 2) concretization and detalization of the constitutional norms and principles in legislation (primarily, in those legislative and bylaws that refer to the harmonization of national law with EU law); 3) legal and law enforcement activity of national public authorities, and especially judicial bodies of constitutional and general jurisdiction, in order to ensure the implementation of Association Agreement’s provisions. The special attention is paid to certain problems of the reformation of Constitution of Ukraine ensuring the European integration. The authors express the critical reservations related to the amendments to the Constitution with the provisions of strategic orientation of Ukraine for the long term perspective. The authors conclude that the implementation of constitutional reform and the establishment of associative relations with the EU are two interrelated processes. Therefore, only a high-level synchronization of measures carried out within these areas, the determination of their priorities, the coordination and concordance of current tasks will allow to develop a comprehensive strategy of a constitutional reform and provide a holistic nature to constitutional transformations.

scholarly journals Properties of constitutional principles

2021 ◽  
Vol 5 (3) ◽  
pp. 126-136
Author(s):  
S. A. Mosin
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Basic Rule ◽  
Constitutional Principle ◽  
The Law ◽  
Theory Of Law ◽  
The Stability ◽  
The Trinity

The subject. The article is devoted to the study of the trinity of properties of constitutional principles.The purpose of the article is to confirm the hypothesis that constitutional principles, often perceived by researchers and law enforcement officials as abstract norms with declarative content, are in fact full-fledged legal institutions that are endowed with all the necessary properties to achieve constitutional goals. In this regard, the article analyzes the property of axiomaticity, the property of presumptivity and the property of fictitiousness of constitutional principles.The methodology. The systemic-structural, comparative, formal-legal and formal-logical methods made it possible to identify and characterize the properties of constitutional principles, such as axiomaticity, presumptivity and fictitiousness. The use of these methods in their combination predetermined the appeal not only to topical problems of constitutional law, but also to issues of the theory of law, as well as other branches of law, which made it possible to most objectively and comprehensively approach the study of the properties of constitutional principles.The main results of the research. The trinity of the properties of the constitutional principle lies in the fact that the constitutional principle formulates the basic rule and determines the direction of development of the legal system and thereby has the property of axiomaticity. At the same time, the constitutional principle has the property of presumptivity due to the duty of the law enforcement officer to proceed from the assumption of compliance with the provisions of such a principle by all subjects of legal relations. Thereby constitutional principle ensures the necessary stability of the legal system of the state. At the same time, in order to achieve full-fledged stability of the legal system, along with the assumption that the subjects of legal relations comply with the provisions of the constitutional principles, it should be possible to monitor such compliance. In the absence of prior control over compliance with the provisions of the law, the solution is the application of legal presumptions. In this regard, within the framework of the presumptive property of constitutional principles, constitutional presumptions are inextricably linked with the corresponding constitutional principles. In turn, having the property of fictitiousness, the constitutional principle allows to interpret the provisions that make up such a constitutional principle and, as a result, create the necessary regulatory legal framework.Conclusions. Constitutional principles are the driving force of the legal system. They fill all legal relations without exception with legal meaning and content and have a special meaning due to their irreplaceability and the obligation to strictly observe them. In turn, the trinity of properties of the constitutional principles reflects their legal essence as fundamental normative provisions that determine the generally binding basic rules and directions of the development of the legal system, ensure the stability of the legal system of the state, and also have the possibility of timely development and adaptation to the changing legal reality.

Algorithmic Decision-making and the Law

2020 ◽  
Vol 12 (1) ◽  
pp. 114-131
Author(s):  
Dirk Brand
Keyword(s):  
Decision Making ◽  
Policy Development ◽  
Industrial Revolution ◽  
Legal Framework ◽  
Public Law ◽  
Ethical Framework ◽  
Fourth Industrial Revolution ◽  
Technological Developments ◽  
The Law ◽  
Legal Frameworks

The Fourth Industrial Revolution is reshaping the world we know dramatically and is characterised by a close interaction between the biological, digital and physical spheres.  Digital technologies are impacting all facets of our lives and create a series of new opportunities but also various challenges.  The Fourth Industrial Revolution does not follow a linear development trajectory, but due to the diverse nature and rapid pace of technological developments, could rather be compared to a series of networks with multiple connecting points.  This has caused the development of the law which deals with these concerns to generally be slow and unable to match the pace and scope of technological developments. In the context of public law there are many questions and challenges relating to individual rights, for example the right to privacy, and the role and responsibilities of government relating to policy development and regulation dealing with the Fourth Industrial Revolution.  The concept of a Rechtsstaat could arguably provide an appropriate legal framework for shaping the ethical framework, normative standards and a value-based governance model for the Fourth Industrial Revolution, including for algorithmic decision-making. The public law concept of accountability should be contextualised in order to apply it to algorithmic decision-making.  In the data-driven economy of the 21st century the pace and scope of technological developments that impact humanity requires the development of appropriate legal frameworks to reflect and accommodate the needs of society, in particular relating to the recognition of fundamental human rights.  It is concluded that  a broad set of ethical and legal principles, which can guide the development of international and national legal frameworks to regulate algorithmic decision-making, is needed.

Dziedzictwo prawne Leona Petrażyckiego w nowoczesnej doktrynie prawnej Ukrainy

2018 ◽  
Vol 74 ◽  
pp. 163-184
Author(s):  
Wasyl W. Kostytsky
Keyword(s):  
Social Life ◽  
Sociological Theory ◽  
Psychological Theory ◽  
Legal Issues ◽  
Moral Imperative ◽  
Public Authorities ◽  
Legal Studies ◽  
Depth Analysis ◽  
Research Findings ◽  
The Law

The paper aims to study the work of Leon Petrazycki and analyze modern Ukrainian scholars’ opinions on Petrazycki’s scientific achievements. This study focuses on Petrazycki’s work, his psychological theory, in particular, in view of our own perspective on the law and within the framework of our theological and sociological theory, which considers the law as a social life phenomenon and regards moral imperative of the Almighty God as the basis of law. Every civilization communicates moral imperative through sacred writings (the Ten Commandments in Christian Bible, six hundred and seven rules in Jewish Torah, seventy-two rules in Muslim Quran). It is within the framework of this moral imperative that the society and the state develop the law. The paper addresses the modern absurdity and at the same time antinomy of law, lying in the fact that there is more and more law in the society but less and less law in life of an individual due to the fact that states rapidly upscale rulemaking, but laws are becoming less accessible to an individual. This study draws on conceptual issues of Petrazycki’s theoretical heritage, fundamental principles of his psychological theory, as well as connection between law and morality, described by Petrazycki, which are the spiritual heritage of society. The most important issues of Petrazycki’s work, in our opinion, are studying the nature of law, balance of emotion and intellect, official and intuitive, desirable and actual components in law, as well as subjective and objective law, law policy and power. The paper reveals that assessment of Petrazycki’s work in modern Ukrainian legal studies is ambivalent: from sharply critical (Prof. P. Rabinovich), compliant with Russian (O. Timoshina (St. Petersburg)) approach and critical yet positive perception of Petrazycki’s psychological theory (S. Maksymov, O. Merezhko, M. Kuz, O. Stovba) to admiration for Petrazycki’s genius, whose work was ahead of his time (I. Bezklubyi, N. Huralenko, V. Dudchenko, O. Rohach, M. Savchyn, V. Tymoshenko). Thus, the research findings suggest that Petrazycki’s work belongs not only to the past, but also to the present and future of jurisprudence, sociology, psychology, economics. Further in-depth analysis of Petrazycki’s heritage will contribute to more accurate diagnosis of urgent legal issues in social development of modern Ukraine, real assertion of personocentrism as a postulate of contemporary theoretical jurisprudence and guidelines for public authorities, as well as practical solution to many controversial scientific and legal issues.

Framework for Analysis of Legal Mobilization: A Decision-Making Model

1982 ◽  
Vol 7 (4) ◽  
pp. 989-1071 ◽  
Author(s):  
Frances Kahn Zemans
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Legal Mobilization ◽  
Access To Justice ◽  
Relevant Variables ◽  
Individual Actor ◽  
The Law ◽  
American Legal System ◽  
The Individual ◽  
Decision Making Model

The American legal system, structured in an entrepreneurial mode, relies upon the individual actor to personally evaluate the burdens and benefits of invoking the law on his or her own behalf. Without discounting the contribution to our understanding of legal mobilization which has been made by the access-to-justice movement, the author argues that focusing on the poor and the distribution of legal services has limited our understanding of the legal system.The article presents an alternative analytic framework for examination of citizen use of the law. The model of legal mobilization presented focuses on demands rather than needs, on citizens rather than lawyers or judges, on decision making rather than access, and on invoking the law rather than compliance with it. Drawing on the literature and available empirical evidence, the author attempts to analytically clarify the complex process of legal mobilization by organizing relevant variables into a decision-making model that focuses on the individual actor and the factors weighed in deciding whether and how to proceed in mobilizing the law.

scholarly journals A Random Stroll Amongst Anthony Trollope's Lawyers

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
James J. Fishman
Keyword(s):  
Legal System ◽  
Legal Profession ◽  
Legal Issues ◽  
Special Importance ◽  
Full Time ◽  
Human Beings ◽  
Wrong Decision ◽  
The Social ◽  
Adversary System ◽  
The Law

Abstract Anthony Trollope (1815–1882) resides in the pantheon of nineteenth century English literature. While working full time in his postal position until 1867, he still managed to publish 47 novels, travel books, biographies, short stories, collections of essays, and articles on various topics. Trollope has been described as the novelist of the ordinary for his realistic description of English society. Law and legal issues flow through Trollope's fiction. The legal system held a special importance to him as the skeleton upholding the social and political framework of the country. Over one hundred lawyers appear in his work and eleven of his novels feature trials or hearings. The law intrigued and exasperated him. Along with the lawyers and legal issues he depicts are ideas of the law and legal system that are part of elaborate philosophical and jurisprudential traditions, which he recognized. This article examines Trollope's changing attitude toward lawyers. It describes the structure of the Bar in terms of class, status and reputation. Trollope believed the legal system should ensure justice, and those who labored in the law should be the vehicle of that pursuit. Justice for Trollope was the meting out of rewards and punishments as the consequence of a right or wrong decision. However, the law, as he depicted it, was often an impediment to this process, and lawyers were unreliable guides. Initially Trollope portrayed lawyers critically as caricatures as evinced by such names as Alwinde, O’Blather, Slow & Bideawhile, Haphazard, and Chaffanbrass. He was outraged that barristers (lawyers who appear in court) put loyalty to their clients ahead of the search for truth and justice. The adversary system was flawed as the enactment of laws in accord with the laws of nature assumes an inbuilt moral compass in humans that contains self-evident truths of right and wrong. Trollope felt there was no reason why a right-minded person could not intuitively recognize the truth, so criminal law's adversary system was unnecessary. The legal system sought not the discovery of the truth but was more interested in aiding the guilty defendant to escape punishment. As he matured as a writer and achieved success, Trollope's understanding and appreciation of the legal profession changed. He met and become friends with leaders of the Bar, and they influenced his descriptions of lawyers, who became realistic and often admirable human beings. Beyond the legal problems of its characters, Trollope's later novels incorporated the social, political, and jurisprudential issues of the times and engaged the Victorian legal culture in a broader sense of history, traditions, continuity and change. Natural law principles were challenged during the Victorian era by positivist notions that law is what the statute books say. These divisions lurk in the background of his later portraits of lawyers and the legal system. In his later period Trollope created a realistic characterization of the legal profession at the time that offered universal insights into human nature.

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