This paper sets out an account of trust in AI as a relationship between clinicians, AI applications, and AI practitioners in which AI is given discretionary authority over medical questions by clinicians. Compared to other accounts in recent literature, this account more adequately explains the normative commitments created by practitioners when inviting clinicians’ trust in AI. To avoid committing to an account of trust in AI applications themselves, I sketch a reductive view on which discretionary authority is exercised by AI (...) practitioners through the vehicle of an AI application. I conclude with four critical questions based on the discretionary account to determine if trust in particular AI applications is sound, and a brief discussion of the possibility that the main roles of the physician could be replaced by AI. (shrink)

In this paper I argue that textualism is far less attractive as a theory of written law than some of its modern proponents think. For it is not usually sensible to expect the grammatical meaning of a provision to determine its appropriate legal meaning. Factors that are unrelated to grammar in the identification of law (e.g., legal theory, context) do too much of the work. **Draft -- acknowledgments welcome, but please do not cite.**.

In this paper, I argue that dialogue between legal philosophers and social scientists can be mutually beneficial. Nicola Lacey offers a vision of jurisprudence that supposes as much. I start by setting out my interpretation of her view. I then defend its potential, which she takes for granted, from the challenges posed by, first, an apparent friend—Brian Leiter—and, second, obvious adversaries—Joseph Raz and others. My response proposes an alternative to their conceptions of legal philosophy, one that is consistent with my (...) understanding of the approach to jurisprudence that Lacey recommends. (shrink)

It has long been said that legislation ought to be knowable: accessible, comprehensible, and so forth. This is often described as an essential element of the rule of law. But in many legal systems, legislation has become so voluminous and complex that few people know its content. Rather than admit that the rule of law has been compromised, some scholars take legislative complexity as a provocation to rethink what the rule of law requires—and conclude that, for various reasons, the rule (...) of law can prevail even if legislation is not reasonably knowable to the people. This article responds to this line of scholarship and defends the orthodox position that the public ought to be able to understand legislation, or at least reasonably so. That is necessary to enable people to plan their lives in a way that properly reflects the role of legislation in contemporary administrative states. (shrink)

Recent philosophical research on normativity has clarified the nature and dynamics of social norms. Social norms are distinguished from legal and moral norms on the basis of their scope, their grounds, their characteristic forms of accountability, or some combination of these features. Because of their distinct character, social norms can reinforce practical prescriptions, prohibitions, and permissions provided to particular actors by legal or moral norms. They also can conflict drastically with those prescriptions, prohibitions, and permissions resulting in serious practical dilemmas. (...) The identification of normative principles capable of resolving practical dilemmas arising from conflicts between different kinds of norms is a major aim of contemporary moral and political philosophy. This dissertation contributes to this aim by establishing the significance of conflicts between social norms and legal or moral norms during mass atrocities and liberalizing political transitions. The dissertation argues that social norms, and changes in social norms, are critical components of accurate descriptions and responsible evaluations both legal and moral of the actions of individuals and groups before, during, and after mass atrocities. The dissertation contends, further, that distinct principles of justice may apply to transitional efforts by non-state actors to transform social norms in societies recovering from large-scale crimes. Three principal results follow from this dissertations effort to integrate the conceptual framework of social norms into the study of mass atrocity. First, the dissertation clarifies and extends the historiographical thesis of norm transformation, according to which participation by ordinary individuals in mass atrocities is at least partially explained by transformations in basic norms that structure social and political life. Second, the dissertation identifies a novel basis on which to apportion legal and moral accountability for mass atrocities between individuals and groups or collectivities i.e. on the basis of the specific contributions of social norms. Third, the dissertation provides new support for the disputed claim that distinct principles of justice apply to the various actors involved in liberalizing political transitions. (shrink)

The recent publication of a lost essay by Herbert Hart is important for an historical appreciation of his work, but its likely celebration is a sad testament to the poverty and lethargy of contemporary legal thought. I use this occasion to review the state and condition of contemporary legal theorising. After positioning Hart's essay in the prevailing jurisprudential milieu, I highlight the thrust and the failings of the three main traditional approaches to contemporary legal theorising in regard to the nature (...) and operation of 'judicial discretion'. Then, I suggest an alternative approach to legal theorising that recommends a more satisfying way of proceeding. (shrink)