What if data-intensive technologies’ ability to mould habits with unprecedented precision is also capable of triggering some mass disability of profound consequences? What if we become incapable of modifying the deeply-rooted habits that stem from our increased technological dependence? On an impoverished understanding of habit, the above questions are easily shrugged off. Habits are deemed rigid by definition: ‘as long as our deliberative selves remain capable of steering the design of data-intensive technologies, we’ll be fine’. To question this assumption, this open access book first articulates the way in which the habitual stretches all the way from unconscious tics to purposive, intentionally acquired habits. It also highlights the extent to which our habit-reliant, pre-reflective intelligence normally supports our deliberative selves. It is when habit rigidification sets in that this complementarity breaks down. The book moves from a philosophical inquiry into the ‘double edge’ of habit — its empowering and compromising sides — to consideration of individual and collective strategies to keep habits at the service of our ethical life. Allowing the norms that structure our forms of life to be cotton-wooled in abstract reasoning is but one of the factors that can compromise ongoing social and moral transformations. Systems designed to simplify our practical reasoning can also make us ‘sheep-like’. Drawing a parallel between the moral risk inherent in both legal and algorithmic systems, the book concludes with concrete interventions designed to revive the scope for normative experimentation. It will appeal to any reader concerned with our retaining an ability to trigger change within the practices that shape our ethical sensibility. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Mozilla Foundation.

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1797 erscheint mit den Metaphysischen Anfangsgründen der Rechtslehre Immanuel Kants rechtsphilosophisches Hauptwerk. Nicht selten begegnet man daher der Auffassung, Kants Rechtsphilosophie entstamme im Wesentlichen seiner Spätphase und sei überdies nur schwer mit der kritischen Moralphilosophie der 1780er Jahre in Einklang zu bringen. Vor diesem Hintergrund widmet sich die vorliegende Untersuchung dem Vergleich des kantischen Rechtsbegriffs, wie er 1797 in der Einleitung in die Rechtslehre vorgestellt wird, mit Kants Ausführungen in den Vorlesungsnachschriften Moral-Mrongovius II und Naturrecht-Feyerabend aus dem Jahre 1784. Dabei kann nachgewiesen werden, dass der Rechtsbegriff von 1797 bereits 1784 ausgearbeitet war. Mehr noch: Es zeigt sich, dass Kants Rechtsbegriff nicht nur bereits in der Phase seiner kritischen Moralphilosophie vorlag, sondern vielmehr in einem Guss mit ihr konzipiert wurde und wie diese auf dem kritischen Freiheitsbegriff basiert.

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Of the Contract is a version of a text that is as old as any memory, or a form of legal instrument that constitutes the basis of the world in which its terms have been translated. The text remains as open to renewal as that world remains to future alteration, and the terms are both already past, and always yet to come. The notion of the debt that is presented by the contract corresponds to a conception of accountancy and finance that provide a new approach to the contemporary problem of the sense of that external to the terms of human access.An account of the facility thus opened by the signing of the contract is as difficult to realize as an accurate prediction of the universe in twenty decades hence, much less one hundred million years. It appears to be as infinite as all the “possibilities” that may or may not happen in the future; or as endless as the futures that may ever be imagined by as many thinking beings as may come in any future. However it is only to account for in the singular investments that appear to presuppose its operation, which are actual and finite; and the more it would appear to be unlimited, the less it would appear to be a thing to take account of, or the less the thing accounted for appears to correspond to its potential.A reinterpretation of the philosophical tradition that runs through Levinas and Heidegger to Kant, Of the Contract is also grounded in the medieval tradition that was centered on the notion of “contraction,” and its writing was inspired by forms of life such as those found in the development of monastic constitutions, and the novels of knight errantry. It is also an oblique contribution to the recent discussions on the nature of debt, and is deeply marked by an awareness of climate change, and the insufficiencies of capital to overcome this crisis.All of these concerns however were contracted in a more acute awareness of the process of expression, and the work is given first of all as literature. It is the nature of the terms that they are open to untold interpretations.ABOUT THE AUTHORChristopher Clifton was born in Australia, where he practices as a counsellor and psychotherapist. His novel Interpretations of the Contract is forthcoming from Called Back Books.

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This open access book explores machine learning and its impact on how we make sense of the world. It does so by bringing together two ‘revolutions’ in a surprising analogy: the revolution of machine learning, which has placed computing on the path to artificial intelligence, and the revolution in thinking about the law that was spurred by Oliver Wendell Holmes Jr in the last two decades of the 19th century. Holmes reconceived law as prophecy based on experience, prefiguring the buzzwords of the machine learning age—prediction based on datasets. On the path to AI introduces readers to the key concepts of machine learning, discusses the potential applications and limitations of predictions generated by machines using data, and informs current debates amongst scholars, lawyers and policy makers on how it should be used and regulated wisely. Technologists will also find useful lessons learned from the last 120 years of legal grappling with accountability, explainability, and biased data.

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The author of "Free Culture" shows how the current copyright system harms anyone who creates, enjoys, or sells any art form. Lessig, the reigning authority on intellectual property, argues that artistic resources should be shared openly rather than a commodity to be hoarded.

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The author of "Free Culture" shows how the current copyright system harms anyone who creates, enjoys, or sells any art form. Lessig, the reigning authority on intellectual property, argues that artistic resources should be shared openly rather than a commodity to be hoarded.

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This book offers a phenomenological perspective on the criminal law debate on robots. Today, robots are protected in some form by criminal law. A robot is a person’s property and is protected as property. This book presents the different rationale for protecting robots beyond the property justification based on the phenomenology of human-robot interactions. By focusing on robots that have bodies and act in the physical world in social contexts, the work provides an assessment of the issues that emerge from human interaction with robots, going beyond perspectives focused solely on artificial intelligence (AI). Here, a phenomenological approach does not replace ontological concerns, but complements them. The book addresses the following key areas: Regulation of robots and AI; Ethics of AI and robotics; and philosophy of criminal law. It will be of interest to researchers and academics working in the areas of Criminal Law, Technology and Law and Legal Philosophy.

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"The Internet revolution has come. Some say it has gone. What was responsible for its birth? Who is responsible for its demise?" "In The Future of Ideas, Lawrence Lessig explains how the Internet revolution has produced a counterrevolution of devastating power and effect. The explosion of innovation we have seen in the environment of the Internet was not conjured from some new, previously unimagined technological magic; instead, it came from an ideal as old as the nation. Creativity flourished there because the Internet protected an innovation commons. The Internet's very design built a neutral platform upon which the widest range of creators could experiment. The legal architecture surrounding it protected this free space so that culture and information - the ideas of our era - could flow freely and inspire an unprecedented breadth of expression. But this structural design is changing - both legally and technically." "This shift will destroy the opportunities for creativity and innovation that the Internet originally engendered. The cultural dinosaurs of our recent past are moving to quickly remake cyberspace so that they can better protect their interests against the future. Powerful forces are swiftly using both law and technology to "tame" the internet, transforming it from an open forum for ideas into nothing more than cable television on speed. Innovation, once again, will be directed from the top down, increasingly controlled by owners of the networks, holders of the largest patent portfolios, and, most invidiously, hoarders of copyrights."--BOOK JACKET.

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"The Internet revolution has come. Some say it has gone. What was responsible for its birth? Who is responsible for its demise?" "In The Future of Ideas, Lawrence Lessig explains how the Internet revolution has produced a counterrevolution of devastating power and effect. The explosion of innovation we have seen in the environment of the Internet was not conjured from some new, previously unimagined technological magic; instead, it came from an ideal as old as the nation. Creativity flourished there because the Internet protected an innovation commons. The Internet's very design built a neutral platform upon which the widest range of creators could experiment. The legal architecture surrounding it protected this free space so that culture and information - the ideas of our era - could flow freely and inspire an unprecedented breadth of expression. But this structural design is changing - both legally and technically." "This shift will destroy the opportunities for creativity and innovation that the Internet originally engendered. The cultural dinosaurs of our recent past are moving to quickly remake cyberspace so that they can better protect their interests against the future. Powerful forces are swiftly using both law and technology to "tame" the internet, transforming it from an open forum for ideas into nothing more than cable television on speed. Innovation, once again, will be directed from the top down, increasingly controlled by owners of the networks, holders of the largest patent portfolios, and, most invidiously, hoarders of copyrights."--BOOK JACKET.

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This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

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In this pathbreaking study, Paul Gowder proposes a new conception of the rule of law as measurable by social equality. Seamlessly integrating theory and statistics, The Rule of Law in the Real World is an essential work for scholars, students and policymakers.

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Thomas Morus 'Utopia' („Von der besten Staatsverfassung und von der neuen Insel Utopia, ein wahrhaft goldenes Büchlein, genauso wohltuend wie heiter“) (1516) ist ein Klassiker der Politischen Philosophie, der die spätere Tradition fiktiver Staatsmodelle prägte. Der Name bezeichnet ein ""Nirgendwo"", durch dessen Unauffindbarkeit alle Sehnsüchte in eine unerreichbare Ferne projiziert werden. Als Utopie gilt eine Vorstellung, die als Idee zwar denkbar, aber nicht unmittelbar umzusetzen ist. Der Band hinterfragt, mit welchen Chancen auf gesellschaftspolitische Diskussion heute überhaupt noch fiktive Staatsmodelle ausgearbeitet werden können.

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