Algorithms and adjudication
نویسندگان
چکیده
This essay addresses a version of Jerome Frank’s question – ‘Are Judges Human?’ asking instead: are human judges necessary? It begins, in section II, by outlining the technological developments which inform view that they not and critically evaluates juristic position seemingly endorses it. That is labelled ‘technological evangelism’ it consists three claims about law adjudication: certainty, determinacy partiality claims. Section III shows these utterly incompatible with what calls standard non-standard views adjudication law, while IV considers some ways proponents evangelism might try to reject views. concludes no plausible efforts have so far been made evangelists views, those therefore maintain their existing explanatory normative priority. The overall conclusion critical engagement as we know them, but an effort replace them: game-changing intervention, game-ending one.
منابع مشابه
Utilitarian Adjudication
In this paper I offer a defense of the view that judges should decide cases in accordance with act utilitarianism: i.e., in whatever way maximizes overall well-being. To advance this thesis, I first briefly give reasons for dissatisfaction with the commonsense thought that judges should just decide cases as the law requires. I then briefly argue for the claim that all moral agents, including ju...
متن کاملDiversity and adjudication
This paper takes an axiomatic and calculational view of diversity (or “Nversion programming”), where multiple implementations of the same specification are executed in parallel to increase dependability. The central notion is “adjudication”: once we have multiple, potential different, outcomes, how do we come to a single result? Adjudication operators are explicitly defined and some general pro...
متن کاملDemocratic Propensity for Adjudication ∗
* This is the third chapter of a draft book manuscript, " Why Adjudicate? Enforcing Trade Rules. " The full manuscript is available upon request. [email protected].
متن کاملAlgorithms for the Capture and Adjudication of Prevalent and Incident Diabetes in UK Biobank
OBJECTIVES UK Biobank is a UK-wide cohort of 502,655 people aged 40-69, recruited from National Health Service registrants between 2006-10, with healthcare data linkage. Type 2 diabetes is a key exposure and outcome. We developed algorithms to define prevalent and incident diabetes for UK Biobank. The algorithms will be implemented by UK Biobank and their results made available to researchers o...
متن کاملRules of Conduct and Principles of Adjudication
I. Rules of Conduct and Principles of Adjudication: The Distinction and Its Implications .............. 730 II. Rules of Conduct and Principles of Adjudication in Current Doctrine ................................ 733 A. The Distinction Applied to Current Doctrine.. 733 1. Objective elements of an offense .......... 733 2. Secondary prohibitions .................. 734 3. State of mind elements ....
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
ژورنال
عنوان ژورنال: Jurisprudence
سال: 2023
ISSN: ['2040-3313', '2040-3321']
DOI: https://doi.org/10.1080/20403313.2023.2243712