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#1. Human Judgement in Algorithmic Loops; Individual Justice and Automated Decision-Making
Reuben Binns
There are various arguments in favour of tempering algorithmic decision-making with human judgement. One common family of arguments appeal to concepts and criteria derived from legal philosophy about the nature of law and legal reasoning, and argue that algorithmic systems cannot satisfy them (but humans can). This paper argues that among the latter family of arguments, there is often an implicit appeal to the notion that each case needs to be assessed on its own merits, without comparison to or generalisation from previous cases. This notion of ‘individual justice’ has featured in jurisprudential debates about the granularity of rules and tests, and the (in)justice of discrimination, but has not yet been explicitly imported into debates about justice and algorithmic decision-making. This paper has several aims. The first is to provide an overview of the concept of individual justice and distinguish it from related but distinct arguments about the value of human discretion. Equipped with this account of human judgement as a...
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RDBinns: I've put a new preprint up on @lawarxiv : 'Human Judgement in Algorithmic Loops; Individual Justice and Automated Decision-Making'. It's been over a year in the making, and still in the final stages of peer review.
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