Empathy in the Digital Administrative State

Ranchordás, Sofia

doi:10.2139/ssrn.3946487

Cited by 18 publications

(11 citation statements)

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“…In defence of prevailing principles over modernisation, the technological perspective is less important than a longstanding administrative systemthat perpetuates or hinders digitalization. Hence, when IT meets traditional bureaucracy, the result is not (always) less bureaucracy (Ranchordas, 2020). 9 Therefore, the implications of this study are manifold, concerning theory itself, but mainly the lack of intertwined legal and technological issues in policy-making and administrative practice.…”

Section: Text Analysismentioning

confidence: 95%

Digitalisation and Law: The More Things Change – the More They Stay the Same

Pečarič¹,

Kovač²,

Umek³

et al. 2022

LEX

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Based on the notorious fact of our era digitalisation, this paper is focused on the probability of relations between the notions of law and digital era government (DEG), as they are found in the scientific literature. Out of the total of 3917 articles that were identified in the Scopus database as relevant in DEG research, 77 of them were further considered due to their connectedness between legal notions and notions of DEG. Results show a very modest presence of law in DEG literature. Based on this, the paper confirms Collingridge’s dilemma of control and gives answers on the cross-disciplinary interconnection of law and IT, how digital dimensions and technology are addressed in the law, and whether the latter pursues modernisation or just reflects existing public governance principles. However, results based on a literature review may not be always aligned with the practical effects of digitalisation in society.

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Section: Text Analysismentioning

confidence: 95%

Digitalisation and Law: The More Things Change – the More They Stay the Same

Pečarič¹,

Kovač²,

Umek³

et al. 2022

LEX

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“…How should the legal system change to reflect the involvement of AI in decision making (if at all) [155]? How can values such as fairness and empathy be promoted in the emerging digital administrative state [156]?…”

Section: Law and Regulationmentioning

confidence: 99%

Computational ethics

Awad

Levine

Anderson

et al. 2022

Trends in Cognitive Sciences

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“…From an individual perspective, the human touch of the application of the law-the ideal of being heard and judged by another human who can show emotions and empathy-gets lost. And yet, we need empathy in legal proceedings which the "digital administrative state" threatens (Ranchordàs 2022). This is true as much for following procedures in behind-the-counter processing applications of benefits, as in more complex situations heard in courts.…”

Section: Dealing With the Non-human-paced Application Of Aprmentioning

confidence: 99%

Mapping the Issues of Automated Legal Systems: Why Worry About Automatically Processable Regulation?

2022

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The field of computational law has increasingly moved into the focus of the scientific community, with recent research analysing its issues and risks. In this article, we seek to draw a structured and comprehensive list of societal issues that the deployment of automatically processable regulation could entail. We do this by systematically exploring attributes of the law that are being challenged through its encoding and by taking stock of what issues current projects in this field raise. This article adds to the current literature not only by providing a needed framework to structure arising issues of computational law but also by bridging the gap between theoretical literature and practical implementation. Key findings of this article are: (1) The primary benefit (efficiency vs. accessibility) sought after when encoding law matters with respect to the issues such an endeavor triggers; (2) Specific characteristics of a project—project type, degree of mediation by computers, and potential for divergence of interests—each impact the overall number of societal issues arising from the implementation of automatically processable regulation.

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Empathy in the Digital Administrative State

Cited by 18 publications

References 0 publications

Digitalisation and Law: The More Things Change – the More They Stay the Same

Digitalisation and Law: The More Things Change – the More They Stay the Same

Computational ethics

Mapping the Issues of Automated Legal Systems: Why Worry About Automatically Processable Regulation?

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