
Published online:
23 November 2023
Published in print:
26 October 2023
Online ISBN:
9780191939334
Print ISBN:
9780192846891
Contents
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A Chilling Conclusion A Chilling Conclusion
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The Determinative Factor The Determinative Factor
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Notes Notes
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Cite
Dancy, Tatiana, 'Transparency', Artificial Justice, Oxford Technology Law and Policy (Oxford , 2023; online edn, Oxford Academic, 23 Nov. 2023), https://doi.org/10.1093/oso/9780192846891.003.0005, accessed 9 May 2025.
Abstract
What do we need to know about an algorithm to justify using it to make decisions about how to treat others? In all cases, we need to know how accurate the algorithm is, and how it distributes the risk of error. If the prediction is about what the decision-subject will do, we also need to know which facts influence that output. We can assess the former statistically, by quantifying predictive accuracy across datasets. And we can assess the latter counterfactually, by adjusting inputs to isolate statistically significant variables. We do not need to ‘open the black box’, in the sense of unpacking the code itself.
Keywords:
law, ethics, ethics of AI, justice, algorithmic justice, contractualism, explanation, AI, criminal law, forensics
Subject
Intellectual Property Law
Artificial Justice. Tatiana Dancy, Oxford University Press. © Tatiana Dancy 2023. DOI: 10.1093/oso/9780192846891.003.0005
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