Lady Lovelace’s notes on Babbage’s Analytical Engine never refer to the concept of surprise. Having some pretension to ‘originate’ something—unlike the Analytical Engine—is neither necessary nor sufficient to being able to surprise someone. Turing nevertheless translates Lovelace’s ‘this machine is incapable of originating something’ in terms of a hypothetical ‘computers cannot take us by surprise’ objection to the idea that machines may be deemed capable of thinking. To understand the contemporary significance of what is missed in Turing’s ‘surprise’ translation of (...) Lovelace’s insight, one needs to distinguish between trivial surprises and those events, propositions or encounters that lead us to question our understanding of ourselves or what surrounds us. Only some of these non-trivial surprises are the product of originality endeavours. Not only is it uncommon for surprises to track such endeavours, the type of autonomy that would be required on the part of ‘digital computers’ for originality and surprise to intersect in that way goes far beyond the operational autonomy that can be achieved by ‘learning machines’. This paper argues that a salient translation of Lovelace’s originality insight—for contemporary and future ‘learning machines’—is an upside-down version of Turing’s surprise question: can computers be surprised by us in a non-trivial, ‘co-produced’ way? (shrink)

This book offers a 'genealogical' explanation of law's normativity. The term 'genealogical' conveys a commitment to a non-metaphysical type of enquiry. While it explains how law, as a normative phenomenon, comes about, it does not seek to ground law's normativity in anything but the context of social interaction giving rise to it. Legal normativity is brought about on a daily basis. Whether in revolutionary circumstances or in the quotidian need for judges, lawmakers or citizens to balance law's demands with those (...) of morality or prudence, our ability to bind ourselves through law ultimately depends on our capacity to articulate a better way of living together, and to commit ourselves to it. These efforts of assessment and articulation depend, in turn, on our conception of normative agency. Assert the need to trace the truth of ethical judgments to some independent moral 'facts' conditioning their objectivity, and you will get a different understanding of what it is we are doing when we dispute law's authority in the name of moral values. Tracing the truth of moral judgements back to our own social practices not only affects the nature of disagreement; it also dramatically increases our responsibility when, as lawmakers, judges, or citizens we 'take the law into our own hands' and confront it with our moral expectations. (shrink)

Hart's and Kelsen's respective outlooks on the concept of normativity not only differ by the way they explain this concept but also, more importantly, in what they seek to achieve when endeavouring to account for the normative dimension of law. By examining Hart's and Kelsen's models in the light of Korsgaard's understanding of the “normativity problem,” my aim is to emphasise not only their contrasted perspectives, but also the common limit they impose on their theories by dismissing as inappropriate any (...) question regarding the emergence of legal normativity. On the basis of my previous arguments, I shall explain why I deem Raz's analysis of the contrast between Hart's and Kelsen's conceptions of normativity to be misleading. (shrink)

ABSTRACTThis essay aims to contribute robust grounds to question the Susskinds’ influential, consequentialist logic when it comes to the legitimacy of automation within the legal profession. It does so by questioning their minimalist understanding of the professions. If it is our commitment to moral equality that is at stake every time lawyers hail the specific vulnerability inherent in their professional relationship, the case for wholesale automation is turned on its head. One can no longer assume that, as a rule, wholesale (...) automation is both legitimate and desirable, provided it improves the quality and accessibility of legal services. The assumption, instead, is firmly in favour of designing systems that better enable legal professionals to live up to their specific responsibility. The rest of the essay outlines key challenges in the design of such profession-specific, ‘ethics aware’ decision-support systems. (shrink)

In his review of Bernard Williams' Ethics and the Limits of Philosophy, Hart eloquently formulated an apprehension that still haunts much of contemporary jurisprudence: if the moral 'I must' has to be 'seen as coming not from outside, but from what is most deeply inside us? the fear is that this will not be enough'. I argue that this fear is the byproduct of the dualist outlook within which Hart—and a significant part of contemporary legal theory—is confined: because of his (...) bald naturalist premise, Hart could not conceive of moral objectivity except in terms presupposing an order of Reason resolutely distinct from the 'natural' world. This paper seeks to debunk this dualist outlook by engaging with the kind of 'non-bald' naturalism advocated in different ways by both McDowell and Blackburn. In considering contemporary efforts to draw a middle way between ethical scepticism and metaphysical rationalism, the paper draws on the pragmatic elements emerging from the confrontation between Habermas and Rawls. (shrink)

Every day we do all sorts of intelligent things without necessarily deliberating about it. We simply do, or cope with what the environment throws at us. Some of those things are mundane. Others are...