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Smart Technologies And The End(S) Of Law

Smart Technologies And The End(S) Of Law Novel Entanglements of Law and Technology

Author: Mireille Hildebrandt
Publisher: Edward Elgar Publishing
ISBN: 9781786430229
Published In: March 2016
Format: Paperback , 304 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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This timely book tells the story of the smart technologies that reconstruct our world, by provoking their most salient functionality: the prediction and preemption of our day-to-day activities, preferences, health and credit risks, criminal intent and spending capacity.

Mireille Hildebrandt claims that we are in transit between an information society and a data-driven society, which has far reaching consequences for the world we depend on. She highlights how the pervasive employment of machine-learning technologies that inform so-called ‘data-driven agency’ threaten privacy, identity, autonomy, non-discrimination, due process and the presumption of innocence. The author argues how smart technologies undermine, reconfigure and overrule the ends of the law in a constitutional democracy, jeopardizing law as an instrument of justice, legal certainty and the public good. Nevertheless, the book calls on lawyers, computer scientists and civil society not to reject smart technologies, explaining how further engaging these technologies may help to reinvent the effective protection of the rule of law.

Academics and researchers interested in the philosophy of law and technology will find this book both discerning and relevant. Practitioners and policy makers in the areas of law, computer science and engineering will benefit from the insight into smart technologies and their impact today.

1. Introduction 2. Smartness and Agency 3. The Onlife World 4. The Digital Unconscious: Back to Diana 5. Threats to Fundamental Rights in the Onlife World 6. The Other Side of Privacy: Agency and Privacy in Japan 7. The Ends of Law: Address and Redress 8. Intricate Entanglements of Law and Technology
9. The Fundamental Right of Data Protection 10. The End of Law or Legal Protection by Design 11. References Index

Mireille Hildebrandt, Radboud University Nijmegen, the Netherlands, Vrije Universiteit Brussels, Belgium and Erasmus University Rotterdam, the Netherlands

‘In this challenging book, Mireille Hildebrandt again shows just how far she thinks ahead of the curve. Exploring the implications of the technological changes that are impelling humans towards an “onlife” world—a world of data-driven agency, the Internet of Things, and a radically different information and communication infrastructure—Hildebrandt asks how law can maintain its mission for justice, certainty and purposiveness. Having joined Hildebrandt in this new world, readers will find it difficult to put the book down.’
– Roger Brownsword, Kings College London, UK