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Author: Damian Clifford
Publisher: Oxford University Press
ISBN: 0192660810
Category : Law
Languages : en
Pages : 257
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Book Description
Data protection law is often positioned as a regulatory solution to the risks posed by computational systems. Despite the widespread adoption of data protection laws, however, there are those who remain sceptical as to their capacity to engender change. Much of this criticism focuses on our role as 'data subjects'. It has been demonstrated repeatedly that we lack the capacity to act in our own best interests and, what is more, that our decisions have negative impacts on others. Our decision-making limitations seem to be the inevitable by-product of the technological, social, and economic reality. Data protection law bakes in these limitations by providing frameworks for notions such as consent and subjective control-rights and by relying on those who process our data to do so fairly. Despite these valid concerns, Data Protection Law and Emotion argues that the (in)effectiveness of these laws are often more difficult to discern than the critical literature would suggest, while also emphasising the importance of the conceptual value of subjective control. These points are explored (and indeed, exposed) by investigating data protection law through the lens of the insights provided by law and emotion scholarship and demonstrating the role emotions play in our decision-making. The book uses the development of Emotional Artificial Intelligence, a particularly controversial technology, as a case study to analyse these issues. Original and insightful, Data Protection Law and Emotion offers a unique contribution to a contentious debate that will appeal to students and academics in data protection and privacy, policymakers, practitioners, and regulators.
Author: Damian Clifford
Publisher: Oxford University Press
ISBN: 0192660810
Category : Law
Languages : en
Pages : 257
Get Book Here
Book Description
Data protection law is often positioned as a regulatory solution to the risks posed by computational systems. Despite the widespread adoption of data protection laws, however, there are those who remain sceptical as to their capacity to engender change. Much of this criticism focuses on our role as 'data subjects'. It has been demonstrated repeatedly that we lack the capacity to act in our own best interests and, what is more, that our decisions have negative impacts on others. Our decision-making limitations seem to be the inevitable by-product of the technological, social, and economic reality. Data protection law bakes in these limitations by providing frameworks for notions such as consent and subjective control-rights and by relying on those who process our data to do so fairly. Despite these valid concerns, Data Protection Law and Emotion argues that the (in)effectiveness of these laws are often more difficult to discern than the critical literature would suggest, while also emphasising the importance of the conceptual value of subjective control. These points are explored (and indeed, exposed) by investigating data protection law through the lens of the insights provided by law and emotion scholarship and demonstrating the role emotions play in our decision-making. The book uses the development of Emotional Artificial Intelligence, a particularly controversial technology, as a case study to analyse these issues. Original and insightful, Data Protection Law and Emotion offers a unique contribution to a contentious debate that will appeal to students and academics in data protection and privacy, policymakers, practitioners, and regulators.
Author: Brian H. Bornstein
Publisher: Springer Science & Business Media
ISBN: 1441906967
Category : Psychology
Languages : en
Pages : 221
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Book Description
From questions surrounding motives to the concept of crimes of passion, the intersection of emotional states and legal practice has long interested professionals as well as the public—recent cases involving extensive pretrial publicity, highly charged evidence, and instances of jury nullification continue to make the subject particularly timely. With these trends in mind, Emotion and the Law brings a rich tradition in social psychology into sharp forensic focus in a unique interdisciplinary volume. Emotion, mood and affective states, plus patterns of conduct that tend to arise from them in legal contexts, are analyzed in theoretical and practical terms, using real-life examples from criminal and civil cases. From these complex situations, contributors provide answers to bedrock questions—what roles affect plays in legal decision making, when these roles are appropriate, and what can be done so that emotion is not misused or exploited in legal procedures—and offer complementary legal and social/cognitive perspectives on these and other salient issues: Positive versus negative affect in legal decision making, emotion, eyewitness memory, and false memory, the influence of emotions on juror decisions, and legal approaches to its control, a terror management theory approach to the understanding of hate crimes, policy recommendations for managing affect in legal proceedings, additional legal areas that can benefit from the study of emotion. Emotion and the Law clarifies theoretical grey areas, revisits current practice, and suggests possibilities for both new scholarship and procedural guidelines, making it a valuable reference for psycho legal researchers, forensic psychologists, and policymakers.
Author: Liesbeth Huppes-Cluysenaer
Publisher: Springer
ISBN: 3319667033
Category : Law
Languages : en
Pages : 470
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Book Description
In this book, experts from the fields of law and philosophy explore the works of Aristotle to illuminate the much-debated and fascinating relationship between emotions and justice. Emotions matter in connection with democracy and equity – they are relevant to the judicial enforcement of rights, legal argumentation, and decision-making processes in legislative bodies and courts. The decisive role that emotions, feelings and passions play in these processes cannot be ignored – not even by those who believe that emotions have no legitimate place in the public sphere. A growing body of literature on these topics recognizes the seminal insights contributed by Aristotle. This book offers a comprehensive analysis of his thinking in this context, as well as proposals for inspiring dialogues between his works and those written by a selection of modern and contemporary thinkers. As such, the book offers a valuable resource for students of law, philosophy, rhetoric, politics, ethics and history, but also for readers interested in the ongoing debate about legal positivism and the relevance of emotions for legal and political life in today’s world.
Author: Andrew McStay
Publisher: SAGE
ISBN: 1526451328
Category : Language Arts & Disciplines
Languages : en
Pages : 249
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Book Description
Combining established theory with original analysis, this book provides a clear account of the social benefits and drawbacks of new media trends and technologies such as emoji, wearables and chatbots and calls for a more critical approach to the rollout of emotional AI in public and private spheres.
Author: Amalia Amaya
Publisher: Bloomsbury Publishing
ISBN: 1509925147
Category : Law
Languages : en
Pages : 457
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Book Description
What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed (eg criminal law, constitutional law and tort law) and the issues explored include: the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues (such as compassion and humility) and judicial vices (such as callousness and partiality); the values and dangers of certain imaginative devices (eg personification); and the interactive and social dimensions of virtue, emotion and imagination.
Author: Jef Ausloos
Publisher:
ISBN: 9780192587220
Category : Data protection
Languages : en
Pages :
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Book Description
The right to erasure (or ""right to be forgotten"") has become a major flashpoint in the courts and public opinion of the potential and limits of data protection law to empower individuals to control their data. This is the first book to focus on the right to erasure in the context of Article 17 of the GDPR, its theory, history, and legal scope.
Author: Normann Witzleb
Publisher: Cambridge University Press
ISBN: 1107041678
Category : Business & Economics
Languages : en
Pages : 469
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Book Description
Prominent privacy law experts, regulators and academics examine contemporary legal approaches to privacy from a comparative perspective.
Author: Helen Nissenbaum
Publisher: Stanford University Press
ISBN: 0804772894
Category : Law
Languages : en
Pages : 304
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Book Description
Privacy is one of the most urgent issues associated with information technology and digital media. This book claims that what people really care about when they complain and protest that privacy has been violated is not the act of sharing information itself—most people understand that this is crucial to social life —but the inappropriate, improper sharing of information. Arguing that privacy concerns should not be limited solely to concern about control over personal information, Helen Nissenbaum counters that information ought to be distributed and protected according to norms governing distinct social contexts—whether it be workplace, health care, schools, or among family and friends. She warns that basic distinctions between public and private, informing many current privacy policies, in fact obscure more than they clarify. In truth, contemporary information systems should alarm us only when they function without regard for social norms and values, and thereby weaken the fabric of social life.
Author: Raphaël Gellert
Publisher:
ISBN: 0198837712
Category : Law
Languages : en
Pages : 305
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Book Description
This title provides an extensive analysis of the risk-based approach taken to data protection. It also considers risk management methodologies and provides discussions at the intersection of data protection law scholarship, regulation theory, and risk and risk management literature.
Author: Lilian Edwards
Publisher: Edinburgh University Press
ISBN: 1474417639
Category : Law
Languages : en
Pages : 406
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Book Description
How will law, regulation and ethics govern a future of fast-changing technologies? Bringing together cutting-edge authors from academia, legal practice and the technology industry, Future Law explores and leverages the power of human imagination in understanding, critiquing and improving the legal responses to technological change. It focuses on the practical difficulties of applying law, policy and ethical structures to emergent technologies both now and in the future. It covers crucial current issues such as big data ethics, ubiquitous surveillance and the Internet of Things, and disruptive technologies such as autonomous vehicles, DIY genetics and robot agents. By using examples from popular culture such as books, films, TV and Instagram - including 'Black Mirror', 'Disney Princesses', 'Star Wars', 'Doctor Who' and 'Rick and Morty' - it brings hypothetical examples to life. And it asks where law might go next and to regulate new-phase technology such as artificial intelligence, 'smart homes' and automated emotion recognition.
