Law by Algorithm

Name: Law by Algorithm
Brand: Mohr Siebeck
Price: 39.0 EUR
Availability: OnlineOnly

Horst Eidenmüller Gerhard Wagner(Author)

Mohr Siebeck (Publisher)

1st Edition

Published on 14. December 2021

272 pages

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978-3-16-157509-9 (ISBN)

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Cover
Title
Preface
Table of Contents
Chapter 1: Law by Algorithm
Chapter 2: The Rise of Robots and the Law of Humans
I. Artificial Intelligence (AI) and the law
II. Varieties of robots and robot features
A. Robot applications
B. Robot features
III. Regulating self-driving cars
A. The potential of self-driving cars
B. Accident liability for fully autonomous cars
IV. Treating smart cars (machines) like humans?
V. The case against treating robots like humans
VI. The (policy) road ahead
Chapter 3: Machine Performance and Human Failure: How Shall We Regulate Autonomous Machines?
I. AI and Autonomous Machines
II. A Welfarist Dystopia
A. Utilitarianism and Welfarism
B. Welfarism and AI
C. Regulatory Consequences
III. Humanism and Machine Regulation
A. A Critique of AI-related Welfarism
1. The Limits of the Welfarist Calculus
2. Concerns about Distributive Justice
3. Concerns about Fundamental Human Rights
B. A Humanistic Approach
1. Humans and Machines
2. Human Weaknesses and Failure
3. Human Rights
4. Distributive Justice
Conclusion
Chapter 4: Down by Algorithms? Siphoning Rents, Exploiting Biases, and Shaping Preferences: Regulating the Dark Side of Personalized Transactions
Introduction
I. Siphoning Rents
A. Personalized Pricing
B. Evaluating Personalized Pricing
C. Self-Help and Its Limits
D. Potential Regulatory Responses
II. Exploiting Biases
A. Consumers in Strategically Set Rationality Traps
B. Evaluating Rationality Traps and Self-Help by Consumers
C. Potential Regulatory Responses
III. Shaping Preferences
A. Consuming in the Filter Bubble
B. The Evaporation of Consumer Welfare
C. Potential Regulatory Responses
IV. Digital Market Failure
Conclusion
Chapter 5: Robot Liability
I. The Concepts of Robots, Autonomous Systems and IoT-Devices
II. The European Parliament Resolution of February 2017
III. The Commission Communication on "Building a European Data Economy"
IV. Normative Foundations
V. The Range of Responsible Parties
VI. The Legal Background
A. National Tort Law as the Default System
B. The Products Liability Directive
C. The Proposed Directive on the Liability of Service Providers
D. Conclusion
VII. Shifts in Control Induced by Technology
A. The Shift from User Control to Manufacturer Control
B. Dispersion of Control: Unbundling
VIII. Liability of Manufacturers
A. The Manufacturer as Best Cost Avoider
B. The Scope of the Products Liability Directive
C. The Requirement of a Defect
D. Burden of Proof - Strict Liability as a Response?
E. Unbundled Products
IX. Liability of Users
X. Liability of the IoT-Device, the Robot Itself
A. A Legal, not a Philosophical Question
B. Externalization of Risk through Recognition of ePersons as "Liability Subjects"
C. Incentives for Robots?
D. Risk Internalization through Asset Requirements and Insurance Mandates
E. The Benefit of Robots as Liability Subjects
XI. Conclusions
Chapter 6: Robot, Inc.: Personhood for Autonomous Systems?
Introduction
I. ePersons and Approaches to Personhood
A. Laundry Lists
B. Philosophical Theories
C. Legal Concepts of Personhood: Pragmatism Rather Than Dogmatism
II. Limited Personhood and Functions of Liability
A. Discretion of the Legal System
B. The Concept of a Liability Subject
C. Functions of the Liability System
III. Traditional Liability Subjects
A. The Range of Responsible Parties
B. Shifts in Control Induced by Technology
C. Product Liability as the Default System
D. User Liability as a Supplement
IV. Robots as Liability Subjects
A. The Function of Robot Liability
B. The Danger of Cost Externalization
C. Internalization Strategies
D. Incentivizing Robots?
Conclusion
Chapter 7: Liability for Artificial Intelligence: A Proposal of the European Parliament
I. Introduction
II. The EU Commission Initiatives
III. Initiatives of the European Parliament
IV. Manufacturer vs. Operator Liability
A. Liability of the Operator
B. Frontend and Backend Operators
C. The Backend Operator as Manufacturer
D. Comparison with the Product Liability Directive
E. Interplay with the Product Liability Directive
F. Evaluation
V. The Choice between Strict Liability and Liability for Fault
A. The Distinction of the European Parliament
B. Strict Liability for Systems with High Risk
C. Fault-Based Liability for Systems Causing Ordinary Risks
D. A General Clause of Strict Liability vs. an Incremental Approach
1. An Enumeration Principle without Enumeration
2. Autonomous Robots and Cleaning Devices
3. Road Traffic Accidents
4. Unmanned aircraft
5. Conclusion
VI. Compensation and Damages
A. Reference to National Law in Case of Fault-Based Liability
B. Uniform Regulation of Damages in Cases of Strict Liability
1. Caps on Damages
2. Scope of Compensation for Personal Injury
3. Property Damage
C. Conclusion
VII. Insurance Issues
VIII. Degree of Harmonization
A. Proviso for Product Liability and Other Matters
B. Operator Liability
C. Result
IX. Conclusion
Chapter 8: Self-Driving Corporations?
Introduction
I. The Trajectory of AI
A. The History of AI
B. Today's AI
C. Tomorrow's AI?
II. Today's AI and Corporate Law
A. Impact of Today's AI on Business Organization
B. "Data Governance": How Today's AI Impacts Corporate Governance
1. Scope of available data
2. Model selection and training
3. Model predictions and wider corporate goals
4. Deployment and organizational structure
C. Data Governance and Corporate Law
III. Tomorrow's AI and Corporate Law
A. Self-Driving Subsidiaries
B. Calibrating Corporate Objectives for Self-Driving Corporations
C. Alternative Control and Liability Regimes
D. Regulatory Competition
Conclusion
Chapter 9: What Is an Arbitration? Artificial Intelligence and the Vanishing Human Arbitrator
Introduction
I. Arbitration and Artificial Intelligence
A. Artificial Intelligence Applications to Assist Arbitrators
1. Tools for case management
2. Tools for fact gathering and analysis
3. Tools for decision-making
B. Artificial Intelligence Applications to Replace Arbitrators
II. The Anatomy of an Arbitration
A. Involvement of an Independent/Impartial Third Party
B. Management of the Process
C. Rendering an Award
III. Adapting the Legal Framework
A. The Framework for International Commercial Arbitrations
B. Recognition and Enforcement of Awards under the New York Convention
C. Adapting the Domestic Legal Framework
1. Regulatory Experiments
2. Regulatory Competition
3. Moving Forward
Conclusion
Chapter 10: Digital Dispute Resolution
I. Introduction
II. Digital Enforcement and Smart Contracts
A. Technology-assisted Contract Management
B. Smart Contracts
C. Digital Enforcement
D. Digital Tools and Private Power
III. Internal Complaint Mechanisms
A. Network Effects and their Impact on Dispute Management
B. Controlling Disputes through Complaint Management
C. The (Missing) Theory of Complaint Management
D. Online Complaint Handling
E. (Anecdotal) Empirical Evidence
F. Evaluation and Critique
G. Reform
IV. External Online Dispute Resolution
A. Rise of Online Dispute Resolution (ODR)
B. Regulatory Challenges
V. Courts in a Digital World
A. Weakness of the Public Sector with a View to Innovation
B. Competitors of the Judicial System
C. Integration of ODR Elements into Judicial Proceedings
D. The Digital Judge
VI. Conclusion
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Law by Algorithm

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