Information technology is so ubiquitous and AI’s progress so inspiring that also legal professionals experience its benefits and have high expectations. At the same time, the powers of AI have been rising so strongly that it is no longer obvious that AI applications (whether in the law or elsewhere) help promoting a good society; in fact they are sometimes harmful. Hence many argue that safeguards are needed for AI to be trustworthy, social, responsible, humane, ethical. In short: AI should be (...) good for us. But how to establish proper safeguards for AI? One strong answer readily available is: consider the problems and solutions studied in AI & Law. AI & Law has worked on the design of social, explainable, responsible AI aligned with human values for decades already, AI & Law addresses the hardest problems across the breadth of AI (in reasoning, knowledge, learning and language), and AI & Law inspires new solutions (argumentation, schemes and norms, rules and cases, interpretation). It is argued that the study of AI as Law supports the development of an AI that is good for us, making AI & Law more relevant than ever. (shrink)

Decision makers in banking, insurance or employment mitigate many of their risks by telling “good” individuals and “bad” individuals apart. Laws codify societal understandings of which factors are legitimate grounds for differential treatment —or are considered unfair discrimination, including gender, ethnicity or age. Discrimination-aware data mining implements the hope that information technology supporting the decision process can also keep it free from unjust grounds. However, constraining data mining to exclude a fixed enumeration of potentially discriminatory features is insufficient. We argue (...) for complementing it with exploratory DADM, where discriminatory patterns are discovered and flagged rather than suppressed. This article discusses the relative merits of constraint-oriented and exploratory DADM from a conceptual viewpoint. In addition, we consider the case of loan applications to empirically assess the fitness of both discrimination-aware data mining approaches for two of their typical usage scenarios: prevention and detection. Using Mechanical Turk, 215 US-based participants were randomly placed in the roles of a bank clerk or a citizen / policy advisor. They were tasked to recommend or predict the approval or denial of a loan, across three experimental conditions: discrimination-unaware data mining, exploratory, and constraint-oriented DADM. The discrimination-aware tool support in the eDADM and cDADM treatments led to significantly higher proportions of correct decisions, which were also motivated more accurately. There is significant evidence that the relative advantage of discrimination-aware techniques depends on their intended usage. For users focussed on making and motivating their decisions in non-discriminatory ways, cDADM resulted in more accurate and less discriminatory results than eDADM. For users focussed on monitoring for preventing discriminatory decisions and motivating these conclusions, eDADM yielded more accurate results than cDADM. (shrink)