Forvaltningsretlige sanktioner

As advances in artificial intelligence grip our imagination in the twenty-first century, Meder reminds us that law's first "machine age" dates from at least the seventeenth century and the inventive minds of Jean Bodin and Thomas Hobbes. Jurists involved in finding legal decisions would be merely a cog in a large apparatus designed to give expression to the will of the sovereign through the proper application of the law. The nineteenth century declared war on the absolute monarchical state and the mechanistic paradigm. The critique of a "mechanical" application of law and the distorted image of the "subsumption automaton" have stood for criticism of judging that, removed from the demands of "everyday life," adheres to predefined concepts and dispenses with reflection on law and justice. Rudolf Jhering's "judgment machine," Hermann Kantorowicz's "thinking machine," or Max Weber's "paragraph automaton" can be seen as pejorative images of a machine into which "one throws the files at the top, together with costs and fees, so that it spits out the judgment at the bottom, along with the more or less valid reasons." Digitization is transforming the means of delivery and providing greater sophistication, but Meder's study is a thorough and pioneering reminder that people today are seeking new routes to a long-cherished and not necessarily desirable outcome.x, 167 pp.

The handbook presents an overview of Industry 4.0 and offers solutions for important practical questions. The law and its current challenges regarding data assignment (who owns the data? / EU guidelines), data security, data protection (General Data Protection Regulation), cyberattacks, competition law (right to access vs. monopolists, permissible and prohibited exchanges of information, possible collaborations) is the point of departure. In turn, the book explores peculiarities in specific areas of Industry 4.0 (Internet of Production, mechanical engineering, artificial intelligence, electromobility, autonomous driving, traffic, medical science, construction, energy industry, etc.). The book's closing section addresses general developments in management, the digital transformation of companies and the world of work, and ethical questions.

The rapid development of new technologies is expected to make our quality of life better, but should it be regulated or limited in the process of being adapted by society? This book explores the vast and complex areas of emerging technologies both from the perspective of legal scholarship as well as from subject matter areas of technological interest: biotechnology, nanotechnology, applied cognitive science, robotics, artificial intelligence and information and communication technologies.

The rapid development of new technologies is expected to make our quality of life better, but should it be regulated or limited in the process of being adapted by society? This book explores the vast and complex areas of emerging technologies both from the perspective of legal scholarship as well as from subject matter areas of technological interest: biotechnology, nanotechnology, applied cognitive science, robotics, artificial intelligence and information and communication technologies.

Emerging Technologies Law is a comprehensive analysis of issues confronting society and law in the rapidly developing context of emerging technologies. An area of study is developing around the unique issues facing the exponential growth in emerging technologies and our regulatory system of governance to address risks to society - when we should and should not regulate.In Volumes 1 and 2, this series examines substantive areas of law, Constitutional Law, Administrative Law, International Law, Criminal Law, Tort Law, Intellectual Property Law, Banking and Finance Law, Scientific Evidence Law, Space Law and the Law of War. Volume 3 takes these substantive areas of law and applies them to the "Five Horseman of Emerging Technologies: Biotechnology, Nanotechnology, Robotics, Information and Communications Technology (Cybersecurity) and Applied Cognitive Sciences.

Expert evidence is a valuable prosecution technique used to link a person to a crime. However there is a dark side to this technique that can't be ignored: The use of expert evidence as a prosecution tool to falsely implicate an innocent person in a crime. Irregularities involving prosecution expert evidence have occurred since at least 1925 in the United States. Irregularities underlying prosecution expert evidence include substandard work; reliance on unreliable or compromised test procedures; and bias by slanting evidence reports and testimony to favor the prosecution. These practices affect criminal prosecutions in a way that has been known to be prejudicial to innumerable innocent men and women. Yet they are able to occur with impunity because labeling a testing process as scientific typically assures it of a near mystical reverence by judges, jurors and defense lawyers. The same is true of people designated as scientific experts: They are given a hallowed status as interpreters of what is considered to be "the unseen, the indecipherable, or the incomprehensible" to lay persons. Menace To The Innocent exposes that this situation undermines the credibility of the legal process, and proscribes no-nonsense solutions that will dramatically improve the reliability of prosecution expert evidence.