scholarly journals DAMAGE RESULTING FROM ARTIFICIAL INTELLIGENCE - THE CASE OF AUTONOMOUS VEHICLES

2021 ◽  
Vol 14 (1) ◽  
pp. 105-124
Author(s):  
Cassiano Highton
Keyword(s):  
Artificial Intelligence ◽  
Autonomous Vehicles ◽  
Technological Revolution ◽  
The Subject ◽  
The Law ◽  
Over Time ◽  
The Way

Abstract The way of understanding the law has changed substantially over time and the law of Torts as we have studied and dealt with it until now has evidently become outdated, the legal reality has moved away from the factual reality, we are facing the new paradigms of the digital and technological revolution, with an evident and clear distancing from the classical theories of the law of Torts, a context that requires a specific and updated approach to the subject.

Without the Power to Drink or Contract

2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain
Keyword(s):  
Alcohol Consumption ◽  
Social Activity ◽  
Individual Responsibility ◽  
Roman Law ◽  
Current Position ◽  
Modern Times ◽  
The Will ◽  
The Subject ◽  
The Law ◽  
Over Time

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.

Autonomous vehicles: a review of the ethical, social and economic implications of the AI revolution

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Shweta Banerjee
Keyword(s):  
Artificial Intelligence ◽  
Autonomous Vehicles ◽  
Design Methodology ◽  
Technological Advancement ◽  
Economic Implications ◽  
Content Type ◽  
The Public ◽  
Autonomous Cars ◽  
The Subject ◽  
Practical Implications

PurposeThere are ethical, legal, social and economic arguments surrounding the subject of autonomous vehicles. This paper aims to discuss some of the arguments to communicate one of the current issues in the rising field of artificial intelligence.Design/methodology/approachMaking use of widely available literature that the author has read and summarised showcasing her viewpoints, the author shows that technology is progressing every day. Artificial intelligence and machine learning are at the forefront of technological advancement today. The manufacture and innovation of new machines have revolutionised our lives and resulted in a world where we are becoming increasingly dependent on artificial intelligence.FindingsTechnology might appear to be getting out of hand, but it can be effectively used to transform lives and convenience.Research limitations/implicationsFrom robotics to autonomous vehicles, countless technologies have and will continue to make the lives of individuals much easier. But, with these advancements also comes something called “future shock”.Practical implicationsFuture shock is the state of being unable to keep up with rapid social or technological change. As a result, the topic of artificial intelligence, and thus autonomous cars, is highly debated.Social implicationsThe study will be of interest to researchers, academics and the public in general. It will encourage further thinking.Originality/valueThis is an original piece of writing informed by reading several current pieces. The study has not been submitted elsewhere.

scholarly journals Engineering Emotionally Intelligent Agents

2011 ◽  
pp. 99-117
Author(s):  
Penny Baillie ◽  
Mark Toleman ◽  
Dickson Lukose
Keyword(s):  
Artificial Intelligence ◽  
Intelligent Agents ◽  
Emotional State ◽  
Psychological Theory ◽  
Emotional States ◽  
Changing Environment ◽  
Emotionally Intelligent ◽  
Over Time ◽  
The Way

Interacting with intelligence in an ever-changing environment calls for exceptional performances from artificial beings. One mechanism explored to produce intuitive-like behavior in artificial intelligence applications is emotion. This chapter examines the engineering of a mechanism that synthesizes and processes an artificial agent’s internal emotional states: the Affective Space. Through use of the affective space, an agent can predict the effect certain behaviors will have on its emotional state and, in turn, decide how to behave. Furthermore, an agent can use the emotions produced from its behavior to update its beliefs about particular entities and events. This chapter explores the psychological theory used to structure the affective space, the way in which the strength of emotional states can be diminished over time, how emotions influence an agent’s perception, and the way in which an agent can migrate from one emotional state to another.

Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change

2021 ◽  
pp. 297-302
Author(s):  
Marc Galanter
Keyword(s):  
Legal System ◽  
The State ◽  
Legal Change ◽  
System P ◽  
The Law ◽  
Over Time ◽  
Do So ◽  
The Way

This article proposes some conjectures about the way in which the basic architecture of the legal system creates and limits the possibilities of using the system as a means of redistributive change. Specifically, the question is under what conditions litigation can be redistributive, taking litigation in the broadest sense of the presentation of claims to be decided by courts. Because of differences in their size, differences in the state of the law, and differences in their resources, some of the actors in society have many occasions to utilize the courts; others do so only rarely. One can divide these actors into those claimants who have only occasional recourse to the courts (one-shotters) and repeat players who are engaged in many similar litigations over time. The article then looks at alternatives to the official litigation system.

scholarly journals Teoria da legislação e argumentação legislativa: a contribuição de Manuel Atienza à racionalidade legislativa

2019 ◽  
Vol 3 (2) ◽  
pp. 157-193
Author(s):  
Roberta Simões Nascimento
Keyword(s):  
Standard Theory ◽  
Legal Argumentation ◽  
Communicative Rationality ◽  
Analysis And Evaluation ◽  
Legislative Power ◽  
The Subject ◽  
The Law ◽  
Law Making ◽  
Over Time ◽  
Theoretical Developments

RESUMO:Uma das principais críticas que a teoria standard da argumentação jurídica recebe é falta de atenção dada às práticas legislativas. O momento da produção do direito é relevante? Como seria possível analisar uma argumentação legislativa? Como avaliá-la? Qual é o peso dos argumentos para o produto final, a lei? Na Espanha, Manuel Atienza, um dos primeiros autores a dar atenção ao tema, desenvolveu uma teoria da legislação que, com o passar o tempo, recebeu os elementos tendentes à formação do que se pode considerar a primeira teoria da argumentação legislativa. Para isso, o autor formulou cinco níveis ideais de racionalidade a serem alcançados pelas leis: (R1) racionalidade linguística ou comunicativa; (R2) racionalidade jurídico-formal ou sistemática, (R3) racionalidade pragmática, (R4) racionalidade teleológica, e (R5) racionalidade ética. Depois, acrescentou um nível transversal de meta-racionalidade: a razoabilidade. Em seguida, cruzou com as concepções formal, material e pragmática que marcam a sua teoria da argumentação jurídica. O objetivo do artigo é o de apresentar os desenvolvimentos teóricos de Manuel Atienza quanto à temática aos longo dos quase trinta anos em que vem estudando o tema, explicando os pontos fortes e as deficiências de sua teoria. Ao final, o presente trabalho propõe o aprofundamento de uma agenda de estudos mais ampla – a partir das ideias de Manuel Atienza e em resposta às críticas frequentemente lançadas à temática –, voltada para a promoção do giro argumentativo dentro do Poder Legislativo, fomentando a cultura de legisladores argumentadores, bem como apontando outros elementos na análise e avaliação das decisões legislativas e das argumentações respectivas, o que poderá resultar na construção de leis mais racionais. ABSTRACT:One of the main criticisms that the standard theory of legal argumentation receives is the lack of attention given to legislative practices. Is the law-making moment relevant? How can a legislative reasoning be analysed? How to evaluate it? What is the weight of the arguments for the final product, the parliamentary laws? In Spain, Manuel Atienza, one of the first authors to give attention to the subject, developed a theory of legislation that, over time, received elements tending to build what can be considered the first theory of legislative reasoning. For that purpose, the author formulated five ideal levels of rationality to be achieved by the laws: (1) linguistic or communicative rationality, (R2) legal-formal or systematic rationality, (R3) pragmatic rationality, (R4) teleological rationality, and (R5) ethical rationality. Then he added a transversal level of meta-rationality: the reasonableness. After that, he crossed with the formal, material and pragmatic conceptions that mark his theory of legal argumentation. The purpose of this article is to present the theoretical developments made by Manuel Atienza on this subject during the almost thirty years he has been studying it, explaining the strengths and weaknesses of his theory. In the end, this paper proposes to deepen a broader study agenda – based on Manuel Atienza’s ideas and in response to the criticisms frequently made on the subject – aimed at promoting the argumentative turn in the Legislative Power, fomenting culture of argumentative legislators, as well as pointing out other elements in the analysis and evaluation of legislative decisions and their respective arguments, which may result in the construction of more rational parliamentary laws.

Aligning Adaptation Studies with Translation Studies

2017 ◽  
Author(s):  
Laurence Raw
Keyword(s):  
Translation Studies ◽  
Ecological Models ◽  
Adaptation Studies ◽  
Cultural Policies ◽  
Space And Time ◽  
Creative Workers ◽  
The Subject ◽  
The Relationship ◽  
Over Time ◽  
The Way

The relationship between translation and adaptation has remained problematic despite the appearance of two books on the subject. The difficulty lies in understanding how both terms are culturally constructed and change over space and time. Chapter 28 suggests that there is no absolute distinction between the two; to look at the relationship between translation and adaptation requires us to study cultural policies and the way creative workers respond to them, and to understand how readers over time have reinterpreted the two terms. The essay considers the lessons ecological models of learning in collaborative micro-cultures have to offer adaptation scholars and translation scholars alike.

Part I Introduction, 3 Financial Collateral

2018 ◽  
Author(s):  
Beale Hugh ◽  
Bridge Michael ◽  
Gullifer Louise ◽  
Lomnicka Eva
Keyword(s):  
Subject Matter ◽  
Raw Materials ◽  
Fixed Charge ◽  
The Subject ◽  
The Law ◽  
Security Device ◽  
A Charge ◽  
The Way

This chapter discusses the significance of distinguishing between the various types of property over which security may be taken, or which may be the subject matter of a retention of title or other quasi-security device, since the same general principles will be applicable whatever the nature of the property. There are also differences between the various kinds of property, which will mean that the way the law applies in practice will differ. Thus, a charge over either ‘inventory’ such as stock in trade or raw materials will in practice usually have to be a floating charge rather than a fixed one; the chapter shows how it is very difficult to take and maintain a fixed charge over book debts or other receivables.

scholarly journals The vulnerable subject of negligence law

2012 ◽  
Vol 8 (3) ◽  
pp. 337-353 ◽  
Author(s):  
Carl F. Stychin
Keyword(s):  
Political Theory ◽  
Tort Law ◽  
Duty Of Care ◽  
Fundamental Issue ◽  
The Subject ◽  
The Law ◽  
Harsh Criticism ◽  
Negligence Law ◽  
The Way

AbstractThe approach taken by English courts to the duty of care question in negligence has been subject to harsh criticism in recent years. This article examines this fundamental issue in tort law, drawing upon Canadian and Australian jurisprudence by way of comparison. From this analysis, the concept of vulnerability is developed as a productive means of understanding the duty of care. Vulnerability is of increasing interest in legal and political theory and it is of particular relevance to the law of negligence. In addition to aiding doctrinal coherence, vulnerability – with its focus on relationships and care – has the potential to broaden the way in which the subject of tort law is conceived because it challenges dominant assumptions about autonomy as being prior to the relationships on which it is dependent.

scholarly journals Legal Cultures, Legal Paradigms and Legal Doctrine: Towards a New Model for Comparative Law

1998 ◽  
Vol 47 (3) ◽  
pp. 495-536 ◽  
Author(s):  
Mark Van Hoecke ◽  
Mark Warrington
Keyword(s):  
Legal Discourse ◽  
Comparative Law ◽  
Legal Doctrine ◽  
New Model ◽  
The Core ◽  
The Past ◽  
The Subject ◽  
The Law ◽  
Broad Approach ◽  
The Way

Over the past decade especially, many writers have emphasised the need for a broad approach to the subject of comparative law, thereby moving it beyond the “law as rules” approach of traditional legal doctrine. It is becoming steadily apparent that comparatists cannot limit themselves to simply comparing rules. The “law as rules” approach has to be placed in a much wider context Broader investigation reveals that it is not even rules which are at the core of the comparative endeavour; it is, rather, the legal discourse, the way lawyers work with the law and reason about it.

What is a Technological Revolution?

2020 ◽  
pp. 1-24
Author(s):  
Stephen R. Barley
Keyword(s):  
Artificial Intelligence ◽  
Technological Change ◽  
New Technology ◽  
Technological Revolution ◽  
History Of ◽  
The Way

Almost daily we are told how some new technology will revolutionize in our lives. The truth of the matter is most technologies do not. However, occasionally a new technology does appear which provides the grounding for gradual changes that eventually transform our systems of production and the way we live our lives. Historically, we speak of these developments as technological revolutions. By focusing on how such technologies change the nature of work, occupational structures, and systems of production, this chapter attempts to answer two questions: “What is a technological revolution?” and, more importantly, “How do current technologies associated with artificial intelligence fit into the history of technological change?”

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