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Philosophy of Science
Article . 2021 . Peer-reviewed
License: Cambridge Core User Agreement
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Mechanical Jurisprudence and Domain Distortion: How Predictive Algorithms Warp the Law

Authors: Dasha Pruss;

Mechanical Jurisprudence and Domain Distortion: How Predictive Algorithms Warp the Law

Abstract

The value-ladenness of computer algorithms is typically framed around issues of epistemic risk. In this article, I examine a deeper sense of value-ladenness: algorithmic methods are not only themselves value-laden but also introduce value into how we reason about their domain of application. I call this domain distortion. In particular, using insights from jurisprudence, I show that the use of recidivism risk assessment algorithms (1) presupposes legal formalism and (2) blurs the distinction between liability assessment and sentencing, which distorts how the domain of criminal punishment is conceived and provides a distinctive avenue for values to enter the legal process.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
9
Top 10%
Average
Top 10%
bronze
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