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This book proposes three liability regimes to combat the wide
responsibility gaps caused by AI systems – vicarious liability
for autonomous software agents (actants); enterprise liability for
inseparable human-AI interactions (hybrids); and collective fund
liability for interconnected AI systems (crowds). Based on
information technology studies, the book first develops a threefold
typology that distinguishes individual, hybrid and collective
machine behaviour. A subsequent social science analysis specifies
the socio-digital institutions related to this threefold typology.
Then it determines the social risks that emerge when algorithms
operate within these institutions. Actants raise the risk of
digital autonomy, hybrids the risk of double contingency in
human-algorithm encounters, crowds the risk of opaque
interconnections. The book demonstrates that the law needs to
respond to these specific risks, by recognising personified
algorithms as vicarious agents, human-machine associations as
collective enterprises, and interconnected systems as risk pools
– and by developing corresponding liability rules. The book
relies on a unique combination of information technology studies,
sociological institution and risk analysis, and comparative law.
This approach uncovers recursive relations between types of machine
behaviour, emergent socio-digital institutions, their concomitant
risks, legal conditions of liability rules, and ascription of legal
status to the algorithms involved.
Corporate social responsibility codes are guidelines that companies
voluntarily develop and publish with the objective of showing the
public their commitment to respect human rights, to improve
fundamental workplace standards worldwide and to protect the
natural environment. These corporate codes have become a crucial
element in the regulatory architecture for globally operating
companies. By focusing on the characteristics of the codes, their
effects on society and their legal consequences, this book seeks to
provide a comprehensive analysis of corporate codes and the law.
Enforcing Corporate Social Responsibility Codes develops proposals
on the relationship between global corporate self-regulation and
the national private law systems. It uses methods of comparative
law and sociological jurisprudence to argue that national private
law can, and in fact should, enforce these codes as genuine legal
obligations. The author formulates legal policy recommendations for
English and German private law that indicate how the proposed legal
enforcement could be realised in practice. The dissertation on
which this book is based was awarded the second prize in the
humanities category of the Deutscher Studienpreis (German Thesis
Award) by the Koerber Foundation in November 2015.
Anna Becker untersucht anhand der Lebensfuhrung hochqualifizierter
Migrantinnen und Migranten idealtypisch die Herausforderungen, mit
denen Menschen in Zeiten von Globalisierung, flexibilisierten
Arbeitsmarkten und gestiegenen Mobilitatsanforderungen konfrontiert
sind. UEber die Analyse der Verortungspraktiken von beruflich
Mobilen zwischen Entankerung und Wiedereinbettung zeigt die Autorin
auf, wie sich soziale Beziehungen unter den Bedingungen von
Mobilitat, Temporalitat und kultureller Vielfalt gestalten und
welche Funktionen sozialraumliche Strukturen fur lokale und
transnationale Einbettung sowie fur das Zusammenleben und
gesellschaftliche Teilhabe erhalten.
This book proposes three liability regimes to combat the wide
responsibility gaps caused by AI systems – vicarious liability
for autonomous software agents (actants); enterprise liability for
inseparable human-AI interactions (hybrids); and collective fund
liability for interconnected AI systems (crowds). Based on
information technology studies, the book first develops a threefold
typology that distinguishes individual, hybrid and collective
machine behaviour. A subsequent social science analysis specifies
the socio-digital institutions related to this threefold typology.
Then it determines the social risks that emerge when algorithms
operate within these institutions. Actants raise the risk of
digital autonomy, hybrids the risk of double contingency in
human-algorithm encounters, crowds the risk of opaque
interconnections. The book demonstrates that the law needs to
respond to these specific risks, by recognising personified
algorithms as vicarious agents, human-machine associations as
collective enterprises, and interconnected systems as risk pools
– and by developing corresponding liability rules. The book
relies on a unique combination of information technology studies,
sociological institution and risk analysis, and comparative law.
This approach uncovers recursive relations between types of machine
behaviour, emergent socio-digital institutions, their concomitant
risks, legal conditions of liability rules, and ascription of legal
status to the algorithms involved.
Corporate social responsibility codes are guidelines that companies
voluntarily develop and publish with the objective of showing the
public their commitment to respect human rights, to improve
fundamental workplace standards worldwide and to protect the
natural environment. These corporate codes have become a crucial
element in the regulatory architecture for globally operating
companies. By focusing on the characteristics of the codes, their
effects on society and their legal consequences, this book seeks to
provide a comprehensive analysis of corporate codes and the law.
Enforcing Corporate Social Responsibility Codes develops proposals
on the relationship between global corporate self-regulation and
the national private law systems. It uses methods of comparative
law and sociological jurisprudence to argue that national private
law can, and in fact should, enforce these codes as genuine legal
obligations. The author formulates legal policy recommendations for
English and German private law that indicate how the proposed legal
enforcement could be realised in practice. The dissertation on
which this book is based was awarded the second prize in the
humanities category of the Deutscher Studienpreis (German Thesis
Award) by the Koerber Foundation in November 2015.
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