1,721,025 research outputs found
Lex Machina: Techno-Regulatory Mechanisms and 'Rules by Design'
No full textThe lure of technologies of perfect enforcement can be appealing to the public and irresistible to regulators. In this article, the author investigates both the phenomenon of ‘techno-regulation’, and the concerns it has generated, with a particular focus upon the geography of modern areas, road traffic and online interactions. The author makes three claims about techno-regulatory measures (TRMs). First, that they are already widespread, and likely to become more so as our lives become more urbanized and technologized. Second, that while come concerns about TRMs may be overstated or lacking in normative substance, there are valid reasons to be concerned about at least some examples of this trend. And third, that there are a number of questions we should ask about any proposed TRM, the answers to which should inform our institutions about its introduction. The article concludes that it may be the more apparently innocuous, insidious or invisible measures that should concern us most
Lex Machina:Techno-regulatory mechanisms and “rules by design"
Full text linkThe lure of technologies of perfect enforcement can be appealing to the public and irresistible to regulators. In this article, the author investigates both the phenomenon of ‘techno-regulation’, and the concerns it has generated, with a particular focus upon the geography of modern areas, road traffic and online interactions. The author makes three claims about techno-regulatory measures (TRMs). First, that they are already widespread, and likely to become more so as our lives become more urbanized and technologized. Second, that while come concerns about TRMs may be overstated or lacking in normative substance, there are valid reasons to be concerned about at least some examples of this trend. And third, that there are a number of questions we should ask about any proposed TRM, the answers to which should inform our institutions about its introduction. The article concludes that it may be the more apparently innocuous, insidious or invisible measures that should concern us most.<br/
Lex Machina:Techno-regulatory mechanisms and “rules by design"
Full text linkThe lure of technologies of perfect enforcement can be appealing to the public and irresistible to regulators. In this article, the author investigates both the phenomenon of ‘techno-regulation’, and the concerns it has generated, with a particular focus upon the geography of modern areas, road traffic and online interactions. The author makes three claims about techno-regulatory measures (TRMs). First, that they are already widespread, and likely to become more so as our lives become more urbanized and technologized. Second, that while come concerns about TRMs may be overstated or lacking in normative substance, there are valid reasons to be concerned about at least some examples of this trend. And third, that there are a number of questions we should ask about any proposed TRM, the answers to which should inform our institutions about its introduction. The article concludes that it may be the more apparently innocuous, insidious or invisible measures that should concern us most.<br/
In Word, or Sigh, or Tear: Depression and End of Life Choices
No full textThis paper considers the potential threat legalizing voluntary euthanasia (VE) and assisted suicide (AS) may have upon the autonomy and safety of those diagnosed with, or suspected of being affected by, a depressive disorder. The author explores the relationship between depressive disorder and end-of-life decisions in the context of depression as a qualifying condition for VE or AS, and in the context of depression as an excluding condition with regard to competent choices. Drawing on and developing themes touched on by Sheila McLean in 2007, the article also examines this issue against the backdrop of what some commentators see as an expanding definition of ‘depression’ that threatens to pathologise a range of thoughts and wishes common among terminally or chronically ill people. The author concludes that concern for vulnerable people is a valid and valuable perspective in any discussions around law reform, but care should be exercised lest it become a guise for illiberal paternalism
Lex Machina: Techno-Regulatory Mechanisms and 'Rules by Design'
No full textThe lure of technologies of perfect enforcement can be appealing to the public and irresistible to regulators. In this article, the author investigates both the phenomenon of ‘techno-regulation’, and the concerns it has generated, with a particular focus upon the geography of modern areas, road traffic and online interactions. The author makes three claims about techno-regulatory measures (TRMs). First, that they are already widespread, and likely to become more so as our lives become more urbanized and technologized. Second, that while come concerns about TRMs may be overstated or lacking in normative substance, there are valid reasons to be concerned about at least some examples of this trend. And third, that there are a number of questions we should ask about any proposed TRM, the answers to which should inform our institutions about its introduction. The article concludes that it may be the more apparently innocuous, insidious or invisible measures that should concern us most
In Word, or Sigh, or Tear: Depression and End of Life Choices
No full textThis paper considers the potential threat legalizing voluntary euthanasia (VE) and assisted suicide (AS) may have upon the autonomy and safety of those diagnosed with, or suspected of being affected by, a depressive disorder. The author explores the relationship between depressive disorder and end-of-life decisions in the context of depression as a qualifying condition for VE or AS, and in the context of depression as an excluding condition with regard to competent choices. Drawing on and developing themes touched on by Sheila McLean in 2007, the article also examines this issue against the backdrop of what some commentators see as an expanding definition of ‘depression’ that threatens to pathologise a range of thoughts and wishes common among terminally or chronically ill people. The author concludes that concern for vulnerable people is a valid and valuable perspective in any discussions around law reform, but care should be exercised lest it become a guise for illiberal paternalism
The Laws of Privacy and Consent and Large-scale DNA Biobanking in New Zealand
No full textLarge-scale population genetic databases have become increasingly common around the world. However, these initiatives are financially and politically costly and fraught with ethical, legal and social implications that few have successfully overcome. The unique nature of biobanking challenges established research practice; in particular, the immutable status of traditional ethical standards is hotly debated amongst scholars.
This thesis examines current privacy and consent laws in New Zealand and the adequacy of these laws to protect the interests of biobank participants. This New Zealand-focused examination also takes into consideration the obligation of the Crown to protect Maori interests and discusses how these obligations may impact on any future policy involving the collection, storage and use of genetic material in biobanking.
I conclude that the current state of the law is piecemeal and inadequate in its protection of biobank participants. However, current guidelines are progressive in its flexibility towards modifying traditional consent norms to accommodate the uncertainty of future unspecified research. This thesis concludes by highlighting the need for more research in the area of Maori perspectives on biobanking and the importance of avoiding the pitfalls of genetic exceptionalism in any future reform that may takes place
The Laws of Privacy and Consent and Large-scale DNA Biobanking in New Zealand
Full text linkLarge-scale population genetic databases have become increasingly common around the world. However, these initiatives are financially and politically costly and fraught with ethical, legal and social implications that few have successfully overcome. The unique nature of biobanking challenges established research practice; in particular, the immutable status of traditional ethical standards is hotly debated amongst scholars.
This thesis examines current privacy and consent laws in New Zealand and the adequacy of these laws to protect the interests of biobank participants. This New Zealand-focused examination also takes into consideration the obligation of the Crown to protect Maori interests and discusses how these obligations may impact on any future policy involving the collection, storage and use of genetic material in biobanking.
I conclude that the current state of the law is piecemeal and inadequate in its protection of biobank participants. However, current guidelines are progressive in its flexibility towards modifying traditional consent norms to accommodate the uncertainty of future unspecified research. This thesis concludes by highlighting the need for more research in the area of Maori perspectives on biobanking and the importance of avoiding the pitfalls of genetic exceptionalism in any future reform that may takes place
Law and Ethics of Morally Significant Machines: The case for pre-emptive prevention
No full textInterest in the ethics of Artificial Intelligence systems is dominated by the question of how these sorts of technologies will benefit or harm human individuals and societies. Much less attention is given to the ethics of our interaction with AI systems from the perspective of what may harm or benefit the systems themselves. Despite this, there is potential for future AI systems to be designed in a way that makes them either morally significant entities, or gives them the tools with which to develop degrees of moral significance, perhaps even personhood in the moral sense. This thesis proposes how certain contemporary paradigms in AI might in the future create a morally significant machine, perhaps even a machine person; one which can be harmed to a degree similar to ourselves. This type of system would be the first technology towards which the design of law and policy would be obliged to consider not just human best interests, but the best interests of the technology itself: how it is designed, what we can use it for, what can be done to it, and what we are duty-bound to provide it with. The thesis proposes a wide range of legal and social problems that the invention of such a system would engender, particularly in relation to paradigms like property, legal personality, and rights of both positive and negative nature. It also explores the fraught line-drawing problem of establishing which systems matter and which do not, and what the legal implications of this would be. It establishes that the net demands such a machine would place upon humans informs an argument that there should be a pre-emptive policy to prevent their creation, so as to mitigate harms to both human society and the machines themselves. When closely examined, the reality of a social partnership between persons – both human and machine – is too problematic and too profoundly challenging to the conception of anthropocentric hegemony to be justifiable
Law and Ethics of Morally Significant Machines: The case for pre-emptive prevention
Full text linkInterest in the ethics of Artificial Intelligence systems is dominated by the question of how these sorts of technologies will benefit or harm human individuals and societies. Much less attention is given to the ethics of our interaction with AI systems from the perspective of what may harm or benefit the systems themselves. Despite this, there is potential for future AI systems to be designed in a way that makes them either morally significant entities, or gives them the tools with which to develop degrees of moral significance, perhaps even personhood in the moral sense. This thesis proposes how certain contemporary paradigms in AI might in the future create a morally significant machine, perhaps even a machine person; one which can be harmed to a degree similar to ourselves. This type of system would be the first technology towards which the design of law and policy would be obliged to consider not just human best interests, but the best interests of the technology itself: how it is designed, what we can use it for, what can be done to it, and what we are duty-bound to provide it with. The thesis proposes a wide range of legal and social problems that the invention of such a system would engender, particularly in relation to paradigms like property, legal personality, and rights of both positive and negative nature. It also explores the fraught line-drawing problem of establishing which systems matter and which do not, and what the legal implications of this would be. It establishes that the net demands such a machine would place upon humans informs an argument that there should be a pre-emptive policy to prevent their creation, so as to mitigate harms to both human society and the machines themselves. When closely examined, the reality of a social partnership between persons – both human and machine – is too problematic and too profoundly challenging to the conception of anthropocentric hegemony to be justifiable
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