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Licensed Unlicensed Requires Authentication Published online by De Gruyter January 6, 2022

Rule by Automation: How Automated Decision Systems Promote Freedom and Equality

Jacob Sparks ORCID logo and Athmeya Jayaram

Abstract

Using automated systems to avoid the need for human discretion in government contexts – a scenario we call ‘rule by automation’ – can help us achieve the ideal of a free and equal society. Drawing on relational theories of freedom and equality, we explain how rule by automation is a more complete realization of the rule of law and why thinkers in these traditions have strong reasons to support it. Relational theories are based on the absence of human domination and hierarchy, which automation helps us achieve. Nevertheless, there is another understanding of relational theories where what matters is the presence of valuable relationships with those in power. Exploring this further might help us see when and why we should accept human discretion.


Corresponding author: Jacob Sparks, Philosophy Department, California Polytechnic State University, San Luis Obispo, Bldg. 47, Rm. 37 1 Grand Avenue, San Luis Obispo, CA 93407-0329, USA, E-mail:
Jacob Sparks and Athmeya Jayaram contributed equally to this article.

Acknowledgements

The authors would like to thank the Institute for Practical Ethics (IPE) at UC San Diego for its support. We would also like to thank John Evans, Craig Callender, Ava Wright, Robert Wallace, participants at the IPE Workshop and two anonymous reviewers for helpful comments.

References

Anderson, E. S. 1999. “What is the Point of Equality?” Ethics 109 (2): 287–337, https://doi.org/10.1086/233897.Search in Google Scholar

Brennan-Marquez, K., and S. Henderson. 2019. “Artificial Intelligence and Role-Reversible Judgment.” Journal of Criminal Law & Criminology 109 (2): 137–64.10.2139/ssrn.3224549Search in Google Scholar

Chiao, V. 2016. “Discretion and Domination in Criminal Procedure: Reflections on Pettit.” Politics, Philosophy & Economics 15 (1): 92–110, https://doi.org/10.1177/1470594X15599104.Search in Google Scholar

Cohen, M. 2015. “When Judges Have Reasons Not to Give Reasons: A Comparative Law Approach.” Washington & Lee Legal Review 72 (2): 483–571.Search in Google Scholar

D’Amato, A. 1977. “Can/Should Computers Replace Judges?” Georgia Law Review 11 (5): 1277–302.Search in Google Scholar

Gädeke, D. 2020. “Does a Mugger Dominate? Episodic Power and the Structural Dimension of Domination.” Journal of Political Philosophy 28 (2): 199–221, https://doi.org/10.1111/jopp.12202.Search in Google Scholar

Gowder, P. 2013. “The Rule of Law and Equality.” Law and Philosophy 32: 565–618, https://doi.org/10.1007/s10982-012-9161-2.Search in Google Scholar

Hart, H. L. A. 2012. The Concept of Law. Oxford: OUP.10.1093/he/9780199644704.001.0001Search in Google Scholar

Kolodny, N. 2014. “Rule Over None II: Social Equality and the Justification of Democracy.” Philosophy & Public Affairs 42 (4): 287–336, https://doi.org/10.1111/papa.12037.Search in Google Scholar

Kolodny, N. 2019. “Being Under the Power of Others.” In Republicanism and the Future of Democracy. 1st ed., edited by Y. Elazar, and G. Rousselière, 94–114. Cambridge: Cambridge University Press.10.1017/9781108630153.006Search in Google Scholar

Lovett, F. 2012. “What Counts as Arbitrary Power?” Journal of Political Power 5 (1): 137–52, https://doi.org/10.1080/2158379X.2012.660026.Search in Google Scholar

Pettit, P. 1999. Republicanism. Oxford: Oxford University Press.10.1093/0198296428.001.0001Search in Google Scholar

Pettit, P. 2012. On the People’s Terms: A Republican Theory and Model of Democracy. Cambridge: Cambridge University Press.10.1017/CBO9781139017428Search in Google Scholar

Sharon, A. 2016. “Domination and the Rule of Law.” In Oxford Studies in Political Philosophy, Vol. 2, edited by D. Sobel, P. Vallentyne, and S. Wall, 128–55. Oxford: Oxford University Press.10.1093/acprof:oso/9780198759621.003.0006Search in Google Scholar

Strawson, P. 1962. “Freedom and Resentment.” Proceedings of the British Academy 48: 1–25.10.4324/9780203882566-7Search in Google Scholar

Tamanaha, B. 2004. On the Rule of Law: History, Politics, Theory. Cambridge: Cambridge University Press.10.1017/CBO9780511812378Search in Google Scholar

Terry v. Ohio. 1968. 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (Douglas, J. dissenting).Search in Google Scholar

Published Online: 2022-01-06

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