A statement or action can be said to be manipulative if it does not sufficiently engage or appeal to people’s capacity for reflective and deliberative choice. One problem with manipulation, thus understood, is that it fails to respect people’s autonomy and is an affront to their dignity. Another problem is that if they are products of manipulation, people’s choices might fail to promote their own welfare, and might instead promote the welfare of the manipulator. To that extent, the central...
Some tough questions. One of them is about the future of the human condition. That's a big question. I've spent some part of my life figuring out how to make machines automate stuff. It's pretty obvious that we can automate many of the things that we humans have been proud of for a long time. What's the future of the human condition in that situation?
More particularly, I see technology as taking human goals and making them able to be automatically executed by machines. The human goals that we've...
The jury is still out on the role to be played by artificial intelligence in law. As a recent New York Times article observed about IBM’s attempts to commercialize its Watson AI computer, “[C]ommercializing new technology, however promising, typically comes in short steps rather than giant leaps.”
That said, there was a notable leap this week when Deloitte and Kira Systems announced an alliance “to bring the power of machine learning to the workplace, an innovation that could help free...
Due to the rising cost and length of litigation, and a desire for privacy, tech companies are turning to alternative dispute resolution (ADR) to settle legal clashes. But, where do they go to identify efficient, vetted ADR experts? What do in-house counsel and law firms need to know to make the process run smoothly?
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Tech companies increasingly turning to ADR to settle legal clashes, and there are a lot of reasons for that. According to Benton, first, courts are backlogged with cases....
The following article is a revised and expanded version of lectures delivered by the author at the Victoria University of Wellington School of Law and the Faculty of Law, University of Auckland in October, 2014 as the New Zealand Law Foundation's International Dispute Resolution Visiting Scholar. The author posits that the mounting global preoccupation with mediation, resulting in a proliferating array of institutions, programs, laws and regulations; an international "evangelical" movement; and growing...
Vatsalya Srivastava (Tilburg University - Center and Faculty of Economics and Business Administration; Amity School of Economics) has posted The Sorry Clause on SSRN. Here is the abstract:
When players face uncertainty in choosing actions, undesirable outcomes cannot be avoided. Accidental defections caused by uncertainty, that does not depend on the level of care, require a mechanism to reconcile the players. This paper shows the existence of a perfect sorry equilibrium in a game of imperfect public...
In recent years, many governments have shown a keen interest in “nudges” – approaches to law and policy that maintain freedom of choice, but that steer people in certain directions. Yet to date, there is little evidence on whether citizens of various societies support nudges and nudging. We report the results of nationally representative surveys in six European nations: Denmark, France, Germany, Hungary, Italy, and the United Kingdom. We find strong majority support for nudges of the sort that...