an article by Elizabeth Edenberg and Meg Leta Jones (Georgetown University, USA) published in New Media & Society Volume 21 Issue 8 (August 2019)
Abstract
We will argue that clarifying the “moral core” of consent offers a common metric by which we can evaluate how well different legal frameworks are able to protect the central moral rights and interests at stake.
We begin by revisiting how legal frameworks for digital consent developed in order to see where there may be common moral ground and where these different cultures diverge on the issue of protection of personal information.
We then turn to ethics to clarify the central interests and rights at stake in morally transformative consent, in order to provide a common basis for evaluating the different legal frameworks.
Ultimately, we seek the moral core of digital consent in order to reimagine its role in international conflicts.
Full text (PDF 20pp)
Hazel’s comment:
There are a number of things about which I ask myself is it moral, is it ethical as against the legality of a specific action. Just because the law allows something does not make it right and the opposite is also true.
The authors of this piece have struck what seems to me to be a good balance.
Showing posts with label law. Show all posts
Showing posts with label law. Show all posts
Friday, 30 August 2019
Tuesday, 11 June 2019
When in Rome... On local norms and sentencing decisions
a column by David Abrams, Roberto Galbiati, Emeric Henry and Arnaud Philippefor VOX: CEPR’s Policy Portal
The rule of law in advanced democracies is based on the assumption that the law and its application are the same for all citizens. But research has shown that judges respond to ideology or political biases in their sentencing decisions.
This column examines how location can also influence criminal court sentences using data from the US state of North Carolina’s superior court system. It shows that, even after controlling for characteristics of judges, sentencing varies by location and responds to local norms.
Continue reading
The rule of law in advanced democracies is based on the assumption that the law and its application are the same for all citizens. But research has shown that judges respond to ideology or political biases in their sentencing decisions.
This column examines how location can also influence criminal court sentences using data from the US state of North Carolina’s superior court system. It shows that, even after controlling for characteristics of judges, sentencing varies by location and responds to local norms.
Continue reading
Monday, 18 February 2019
The politics of injustice: Sex-working women, feminism and criminalizing sex purchase in Ireland
an article by Kathryn McGarry (Maynooth University, Ireland) and Sharron A FitzGerald (Tilburg University, The Netherlands) published in Criminology & Criminal Justice Volume 19 Issue 1 (February 2019)
Abstract
This article interrogates the discursive framing of recent law and policy debates on criminalizing sex purchase in Ireland and the implications this has for sex workers’ political voice.
Drawing on Nancy Fraser’s work on the political dimensions of justice, we look at how Irish neo-abolitionists, through their Turn Off the Red Light (TORL) campaign, map and delimit access to political space and consequently misframe, misrecognize and misrepresent the ‘problem’ of sex work and sex-working women.
We employ the methodological framework suggested by Carol Bacchi’s What’s the Problem Represented to Be (WPR) approach to explore how TORL campaigners exercise and manage frame-setting in law and policy contexts to deny all ‘other’ voices parity of participation in political space. We argue these misframing strategies reflect meta-political injustices of misrepresentation.
Abstract
This article interrogates the discursive framing of recent law and policy debates on criminalizing sex purchase in Ireland and the implications this has for sex workers’ political voice.
Drawing on Nancy Fraser’s work on the political dimensions of justice, we look at how Irish neo-abolitionists, through their Turn Off the Red Light (TORL) campaign, map and delimit access to political space and consequently misframe, misrecognize and misrepresent the ‘problem’ of sex work and sex-working women.
We employ the methodological framework suggested by Carol Bacchi’s What’s the Problem Represented to Be (WPR) approach to explore how TORL campaigners exercise and manage frame-setting in law and policy contexts to deny all ‘other’ voices parity of participation in political space. We argue these misframing strategies reflect meta-political injustices of misrepresentation.
Monday, 9 April 2018
The ghost in the legal machine: algorithmic governmentality, economy, and the practice of law
an article by Adam Harkens (Queen’s University Belfast, UK) published in Journal of Information, Communication and Ethics in Society Volume 16 Issue 1 (2018)
Abstract
Purpose
This paper aims to investigate algorithmic governmentality – as proposed by Antoinette Rouvroy – specifically in relation to law. It seeks to show how algorithmic profiling can be particularly attractive for those in legal practice, given restraints on time and resources. It deviates from Rouvroy in two ways. First, it argues that algorithmic governmentality does not contrast with neoliberal modes of government in that it allows indirect rule through economic calculations. Second, it argues that critique of such systems is possible, especially if the creative nature of law can be harnessed effectively.
Design/methodology/approach
This is a conceptual paper, with a theory-based approach, that is intended to explore relevant issues related to algorithmic governmentality as a basis for future empirical research. It builds on governmentality and socio-legal studies, as well as research on algorithmic practices and some documentary analysis of reports and public-facing marketing of relevant technologies.
Findings
This paper provides insights on how algorithmic knowledge is collected, constructed and applied in different situations. It provides examples of how algorithms are currently used and how trends are developing. It demonstrates how such uses can be informed by socio-political and economic rationalities.
Research limitations/implications
Further empirical research is required to test the theoretical findings.
Originality/value
This paper takes up Rouvroy’s question of whether we are at the end(s) of critique and seeks to identify where such critique can be made possible. It also highlights the importance of acknowledging the role of political rationalities in informing the activity of algorithmic assemblages.
Abstract
Purpose
This paper aims to investigate algorithmic governmentality – as proposed by Antoinette Rouvroy – specifically in relation to law. It seeks to show how algorithmic profiling can be particularly attractive for those in legal practice, given restraints on time and resources. It deviates from Rouvroy in two ways. First, it argues that algorithmic governmentality does not contrast with neoliberal modes of government in that it allows indirect rule through economic calculations. Second, it argues that critique of such systems is possible, especially if the creative nature of law can be harnessed effectively.
Design/methodology/approach
This is a conceptual paper, with a theory-based approach, that is intended to explore relevant issues related to algorithmic governmentality as a basis for future empirical research. It builds on governmentality and socio-legal studies, as well as research on algorithmic practices and some documentary analysis of reports and public-facing marketing of relevant technologies.
Findings
This paper provides insights on how algorithmic knowledge is collected, constructed and applied in different situations. It provides examples of how algorithms are currently used and how trends are developing. It demonstrates how such uses can be informed by socio-political and economic rationalities.
Research limitations/implications
Further empirical research is required to test the theoretical findings.
Originality/value
This paper takes up Rouvroy’s question of whether we are at the end(s) of critique and seeks to identify where such critique can be made possible. It also highlights the importance of acknowledging the role of political rationalities in informing the activity of algorithmic assemblages.
Wednesday, 4 February 2015
Doing Borrowed Time: The State, the Law and the Coercive Governance of ‘Undeserving’ Debtors
an article by Adrienne Roberts (University of Manchester, UK) published in Critical Sociology Volume 40 Number 5 (September 2014)
Abstract
This paper documents the shift toward increasingly coercive means of collecting debt from working class and poor borrowers, with a specific focus on incarceration. Placing this trend within an historical trajectory, it is argued that the law has always been central to creating and securing the social relations of debt as class relations.
While the abolition of debtors’ prisons in the 19th century helped to shift struggles between debtors and creditors out of public view and into the depoliticized realm of ‘the law’, a number of factors have led to its reappearance in the contemporary era.
These include:
Abstract
This paper documents the shift toward increasingly coercive means of collecting debt from working class and poor borrowers, with a specific focus on incarceration. Placing this trend within an historical trajectory, it is argued that the law has always been central to creating and securing the social relations of debt as class relations.
While the abolition of debtors’ prisons in the 19th century helped to shift struggles between debtors and creditors out of public view and into the depoliticized realm of ‘the law’, a number of factors have led to its reappearance in the contemporary era.
These include:
- changes to bankruptcy legislation that have given creditors greater power over debtors,
- the emergence of the debt-buying industry and
- the growing privatization, decentralization and commercialization of the state, which have transformed it into a creditor that relies on its power to punish to compel payment from some of the poorest debtors.
Tuesday, 12 February 2013
It’s not always the economy, stupid
via Eurozine Review
- Spilne says it’s not the economy, at least
not on the radical right
- Kulturos barai learns to flourish within limits
- Merkur declares solidarity sovereignty's foe
- Esprit publishes Ricœur’s
unpublished piece on God
- Free Speech Debate won’t compromise: we must be able
to talk about this
- Dilema veche compiles a dossier on the dissidents of
today
- Osteuropa pays homage to Polish composer Witold Lutoslawski
- Host hits the books fairs
- Springerin enters the archives, and finds life
- Sodobnost celebrates the symbiosis of law and literature
- Ord&Bild tells of an outsourced dissertation
Thursday, 30 August 2012
Equality, human rights and religion or belief: time to get out of the courtroom?
via Current Awareness by sally
"The interaction between the law and religion or belief is rarely out of the headlines. Debate rages about whether Article 9, the human right to freedom of thought, conscience and religion, receives sufficient – or too much – protection in the courts. There has been a considerable amount of litigation, much of it contentious."
Full story UK Human Rights Blog
An extremely interesting read.
"The interaction between the law and religion or belief is rarely out of the headlines. Debate rages about whether Article 9, the human right to freedom of thought, conscience and religion, receives sufficient – or too much – protection in the courts. There has been a considerable amount of litigation, much of it contentious."
Full story UK Human Rights Blog
An extremely interesting read.
Friday, 6 January 2012
Gender Discrimination at Work …
Connecting Gender Stereotypes, Institutional Policies, and Gender Composition of Workplace
an article by Donna Bobbitt-Zeher (The Ohio State University) published in Gender & Society Volume 25 Number 6 (December 2011)
Abstract
Research on gender inequality has posited the importance of gender discrimination for women’s experiences at work. Previous studies have suggested that gender stereotyping and organizational factors may contribute to discrimination. Yet it is not well understood how these elements connect to foster gender discrimination in everyday workplaces. This work contributes to our understanding of these relationships by analyzing 219 discrimination narratives constructed from sex discrimination cases brought before the Ohio Civil Rights Commission. By looking across a variety of actual work settings, the analysis sheds light on the cultural underpinnings and structural contexts in which discriminatory actions occur. The analyses reveal how gender stereotyping combines in predictable ways with sex composition of workplaces and organizational policies, often through interactional dynamics of discretionary policy usage, to result in discrimination. The findings suggest the importance of cultural, structural, and interactional influences on gender discrimination.
an article by Donna Bobbitt-Zeher (The Ohio State University) published in Gender & Society Volume 25 Number 6 (December 2011)
Abstract
Research on gender inequality has posited the importance of gender discrimination for women’s experiences at work. Previous studies have suggested that gender stereotyping and organizational factors may contribute to discrimination. Yet it is not well understood how these elements connect to foster gender discrimination in everyday workplaces. This work contributes to our understanding of these relationships by analyzing 219 discrimination narratives constructed from sex discrimination cases brought before the Ohio Civil Rights Commission. By looking across a variety of actual work settings, the analysis sheds light on the cultural underpinnings and structural contexts in which discriminatory actions occur. The analyses reveal how gender stereotyping combines in predictable ways with sex composition of workplaces and organizational policies, often through interactional dynamics of discretionary policy usage, to result in discrimination. The findings suggest the importance of cultural, structural, and interactional influences on gender discrimination.
Monday, 14 April 2008
Pupillages nosedive by twenty per cent since 2000
via Current Awareness by sally on 31 March
“The number of Bar Vocational Course (BVC) graduates invited to take pupillage has dropped by 20 per cent since the turn of the century, with less than a third of graduates securing pupillages last year.”
Full story The Lawyer 31 March 2008
Hazel's comment:
Less than a third of graduates? What happened to the others? You need to read the comments following the article to understand that many people taking the course are not intending to apply to join the Bar. An interesting take on getting legal qualifications.
“The number of Bar Vocational Course (BVC) graduates invited to take pupillage has dropped by 20 per cent since the turn of the century, with less than a third of graduates securing pupillages last year.”
Full story The Lawyer 31 March 2008
Hazel's comment:
Less than a third of graduates? What happened to the others? You need to read the comments following the article to understand that many people taking the course are not intending to apply to join the Bar. An interesting take on getting legal qualifications.
Friday, 1 February 2008
Goobledegook? No, it's the law
I've tried hard to ensure that the original formatting has been preserved in what follows but ensuring that it is still understandable!
By contrast with this the Statutory Instruments relating to the HMRC are a doddle!
Statutory Instruments 2007 No. 3436
The Education (Provision of Information About Young Children) (England) (Amendment) Regulations 2007
Made 6th December 2007
Laid before Parliament 13th December 2007
Coming into force 10th January 2008
The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by section 537A(4)(c) of the Education Act 1996(1) and sections 99(1) and (4)(c) and 104(2) of the Childcare Act 2006(2):
Citation, commencement and application
1.— (1) These Regulations may be cited as the Education (Provision of Information About Young Children) (England) (Amendment) Regulations 2007, and come into force on 10th January 2008.
(2) These Regulations apply only in relation to England. Amendment of the Education (Provision of Information About Young Children) (England) Regulations 2007
2.— (1) The Education (Provision of Information About Young Children) (England) Regulations 2007(3) are amended as follows.
(2) After regulation 14, insert—"15. Persons having access to a database established and operated by the Secretary of State under section 12 of the Children Act 2004(4) are prescribed for the purposes of section 537A(4)(c) of the 1996 Act and section 99(4)(c) of the 2006 Act.".
(3) In Part 2 of the Schedule, after paragraph 11 insert—“11A.—(1) Where the person provides funded nursery education to the child in more than 38 weeks in the funding period, the number of hours of funded nursery education which the child receives from that person during the period starting with 1st January and ending with 31st March in the calendar year in which the information is requested. (2) In this paragraph “the funding period” means the period, being no longer than 12 months, of arrangements between the person providing funded nursery education and a local education authority in England under which the person provides such nursery education.”.
Beverley Hughes Minister of State Department for Children, Schools and Families 6th December 2007
Explanatory Note (This note is not part of the Regulations)
These Regulations amend the Education (Provision of Information About Young Children) (England) Regulations 2007 (S.I. 2007/712) (‘the principal Regulations’). Regulation 2(2) prescribes a further category of persons to whom the Secretary of State may provide any individual child information or individual pupil information. This will ensure that such information, after it has been disclosed for inclusion in a database established and operated by the Secretary of State under section 12 of the Children Act 2004, may be viewed by users of such a database. Regulation 2(3) provides for an additional item of prescribed information to be provided by a provider of funded nursery education under regulation 7 of, and Part 2 of the Schedule to, the principal Regulations. An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. (1) 1996 c. 56. Section 537A was inserted by the Education Act 1997 (c. 44), section 20, and substituted by the School Standards and Framework Act 1998 (c. 31), Schedule 30, paragraph 153. By virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the powers conferred by this section are exercisable by the Secretary of State in relation to England. See section 579(1) for the definitions of “prescribed” and “regulations”.
Back [1] (2) 2006 c. 21. Section 99 of the Childcare Act 2006 is modified by section 100(2) and (3) of that Act until section 7 of the Act comes into force. See section 99(9) for the definitions of “prescribed” and “regulations”.
Back [2] (3) S.I. 2007/712, amended by S.I. 2007/3224.
Back [3] (4) 2004 c. 31. Section 12 was amended by paragraph 43 of Schedule 2 to the Childcare Act 2006.
Back [4]
Was that helpful? No? Am I surprised? Not a bit of it -- trouble is that if one of these Statutory Instruments slips past without comment from the media -- which doesn't happen often -- then the law may have changed without you realising it.
By contrast with this the Statutory Instruments relating to the HMRC are a doddle!
Statutory Instruments 2007 No. 3436
The Education (Provision of Information About Young Children) (England) (Amendment) Regulations 2007
Made 6th December 2007
Laid before Parliament 13th December 2007
Coming into force 10th January 2008
The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by section 537A(4)(c) of the Education Act 1996(1) and sections 99(1) and (4)(c) and 104(2) of the Childcare Act 2006(2):
Citation, commencement and application
1.— (1) These Regulations may be cited as the Education (Provision of Information About Young Children) (England) (Amendment) Regulations 2007, and come into force on 10th January 2008.
(2) These Regulations apply only in relation to England. Amendment of the Education (Provision of Information About Young Children) (England) Regulations 2007
2.— (1) The Education (Provision of Information About Young Children) (England) Regulations 2007(3) are amended as follows.
(2) After regulation 14, insert—"15. Persons having access to a database established and operated by the Secretary of State under section 12 of the Children Act 2004(4) are prescribed for the purposes of section 537A(4)(c) of the 1996 Act and section 99(4)(c) of the 2006 Act.".
(3) In Part 2 of the Schedule, after paragraph 11 insert—“11A.—(1) Where the person provides funded nursery education to the child in more than 38 weeks in the funding period, the number of hours of funded nursery education which the child receives from that person during the period starting with 1st January and ending with 31st March in the calendar year in which the information is requested. (2) In this paragraph “the funding period” means the period, being no longer than 12 months, of arrangements between the person providing funded nursery education and a local education authority in England under which the person provides such nursery education.”.
Beverley Hughes Minister of State Department for Children, Schools and Families 6th December 2007
Explanatory Note (This note is not part of the Regulations)
These Regulations amend the Education (Provision of Information About Young Children) (England) Regulations 2007 (S.I. 2007/712) (‘the principal Regulations’). Regulation 2(2) prescribes a further category of persons to whom the Secretary of State may provide any individual child information or individual pupil information. This will ensure that such information, after it has been disclosed for inclusion in a database established and operated by the Secretary of State under section 12 of the Children Act 2004, may be viewed by users of such a database. Regulation 2(3) provides for an additional item of prescribed information to be provided by a provider of funded nursery education under regulation 7 of, and Part 2 of the Schedule to, the principal Regulations. An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. (1) 1996 c. 56. Section 537A was inserted by the Education Act 1997 (c. 44), section 20, and substituted by the School Standards and Framework Act 1998 (c. 31), Schedule 30, paragraph 153. By virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the powers conferred by this section are exercisable by the Secretary of State in relation to England. See section 579(1) for the definitions of “prescribed” and “regulations”.
Back [1] (2) 2006 c. 21. Section 99 of the Childcare Act 2006 is modified by section 100(2) and (3) of that Act until section 7 of the Act comes into force. See section 99(9) for the definitions of “prescribed” and “regulations”.
Back [2] (3) S.I. 2007/712, amended by S.I. 2007/3224.
Back [3] (4) 2004 c. 31. Section 12 was amended by paragraph 43 of Schedule 2 to the Childcare Act 2006.
Back [4]
Was that helpful? No? Am I surprised? Not a bit of it -- trouble is that if one of these Statutory Instruments slips past without comment from the media -- which doesn't happen often -- then the law may have changed without you realising it.
Wednesday, 10 October 2007
Privacy Library
ResourceShelf is one of favourite sources for telling me about things I might otherwise miss, and my least favourite in that it's a pain to read through! Anything that's worse gets ditched regardless of the usefulness of the content.
A lot of what I pick up I keep in my "personal interest" file (e.g. lists of art galleries and cultural heritage sites) and don't blog about. Much of the content is, as I think I've said before but probably not in this blog, is very US-centric and on issues such as copyright and privacy the law is so different that it's not of interest to readers in the UK. But, and that should be a BIG BOLD BUT, the Privacy Library originated in the US and is definitely not US-centric.
ResourceShelf says:
Note: on my ADSL connection it was a bit slow to load but it's worth the wait!
A lot of what I pick up I keep in my "personal interest" file (e.g. lists of art galleries and cultural heritage sites) and don't blog about. Much of the content is, as I think I've said before but probably not in this blog, is very US-centric and on issues such as copyright and privacy the law is so different that it's not of interest to readers in the UK. But, and that should be a BIG BOLD BUT, the Privacy Library originated in the US and is definitely not US-centric.
ResourceShelf says:
This apparently went live in May, but we just spotted it.
"Morrison & Foerster is pleased to announce the launch of its Privacy Library. This free resource provides links to privacy laws, regulations, reports, multilateral agreements, and government authorities for more than 90 countries around the world. The website provides companies with an essential tool to help them navigate the privacy labyrinth."
Source: Morrison & Foerster LLP (a global law partnership)
I would like to route you directly into the UK page but you must sign the disclaimer notice before you can access the information. Start here
Note: on my ADSL connection it was a bit slow to load but it's worth the wait!
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