BAIL JURISPRUDENCE in India (as in other common law countries) has evolved laying emphasis on the right to liberty of the accused as opposed to the requirement of the State to keep him/her under custody...The mechanism for cancellation of bail is provided in law in order to ensure that justice will be done to the society by preventing the accused who had been set at liberty by the bail order from tampering with the evidence in a heinous (...) crime. At the same time, cancellation of bail takes away the liberty granted by the Constitution and affirmed by an order of the Court, which granted bail. Taking note of the fact that cancellation of bail necessarily involves the review of a decision already made, it has been emphasized that the same should always be exercised very sparingly by the court of law. (shrink)

BAIL JURISPRUDENCE in India (as in other common law countries) has evolved laying emphasis on the right to liberty of the accused as opposed to the requirement of the State to keep him/her under custody... The mechanism for cancellation of bail is provided in law in order to ensure that justice will be done to the society by preventing the accused who had been set at liberty by the bail order from tampering with the evidence in a (...) heinous crime. At the same time, cancellation of bail takes away the liberty granted by the Constitution and affirmed by an order of the Court, which granted bail. Taking note of the fact that cancellation of bail necessarily involves the review of a decision already made, it has been emphasized that the same should always be exercised very sparingly by the court of law. (shrink)

The use of AI algorithms in criminal trials has been the subject of very lively ethical and legal debates recently. While there are concerns over the lack of accuracy and the harmful biases that certain algorithms display, new algorithms seem more promising and might lead to more accurate legal decisions. Algorithms seem especially relevant for bail decisions, because such decisions involve statistical data to which human reasoners struggle to give adequate weight. While getting the right legal outcome is a (...) strong desideratum of criminal trials, advocates of the relational theory of procedural justice give us good reason to think that fairness and perceived fairness of legal procedures have a value that is independent from the outcome. According to this literature, one key aspect of fairness is trustworthiness. In this paper, I argue that using certain algorithms to assist bail decisions could increase three diferent aspects of judges’ trustworthiness: (1) actual trustworthiness, (2) rich trustworthiness, and (3) perceived trustworthiness. (shrink)

After the 2008 crisis, there were several debates on the bail-out and the lack of accountability of financial institutions; this supposedly affects politica l values such as equality and responsibility: it implies transferring resources from the public (for instance, poor people) to specific economic agents who have chosen to incur certain risks. On the other hand, it is arguable that it would not be up to the regulators to protect investors’ interests, and that there would be more efficient and (...) less burdensome instruments associated with prudential regulation. Our goal is to provide a justification for the bail-out and for holding bankers accountable. In section 2, we present a brief description of the problem in the context of the crisis, followed by a justification for the bail-out through the incentives argument, based on Rawls’s difference principle. In section 3, we provide an ethical discussion over the corresponding moral hazards, and investigate how to mitigate it through coercive measures. (shrink)

Abstract: Science and emerging technologies should not be predominantly tasked with furnishing us with more sustainable societies. Continuous short-term technological bail outs without taking into account the longer socio-cultural incubation times required to transition to ‘weakly sustainable’ economies squander valuable resources and time. Emerging technologies need to be deployed strategically to buy time in order to have extended political, social and ethical discussions about the root-causes of unsustainable economies and minimize social disruptions on the path towards global sustainability. Keywords: (...) Nanoscience; nanotechnology; expanded materials design space; dematerialization; sustainability; permanent resource crises . (shrink)

Data-driven predictive algorithms are widely used to automate and guide high-stake decision making such as bail and parole recommendation, medical resource distribution, and mortgage allocation. Nevertheless, harmful outcomes biased against vulnerable groups have been reported. The growing research field known as 'algorithmic fairness' aims to mitigate these harmful biases. Its primary methodology consists in proposing mathematical metrics to address the social harms resulting from an algorithm's biased outputs. The metrics are typically motivated by -- or substantively rooted in -- (...) ideals of distributive justice, as formulated by political and legal philosophers. The perspectives of feminist political philosophers on social justice, by contrast, have been largely neglected. Some feminist philosophers have criticized the local scope of the paradigm of distributive justice and have proposed corrective amendments to surmount its limitations. The present paper brings some key insights of feminist political philosophy to algorithmic fairness. The paper has three goals. First, I show that algorithmic fairness does not accommodate structural injustices in its current scope. Second, I defend the relevance of structural injustices -- as pioneered in the contemporary philosophical literature by Iris Marion Young -- to algorithmic fairness. Third, I take some steps in developing the paradigm of 'responsible algorithmic fairness' to correct for errors in the current scope and implementation of algorithmic fairness. I close by some reflections of directions for future research. (shrink)

Many of the benefits and burdens we might experience in our lives — from bank loans to bail terms — are increasingly decided by institutions relying on algorithms. In a sense, this is nothing new: algorithms — instructions whose steps can, in principle, be mechanically executed to solve a decision problem — are at least as old as allocative social institutions themselves. Algorithms, after all, help decision-makers to navigate the complexity and variation of whatever domains they are designed for. (...) In another sense, however, this development is startlingly new: not only are algorithms being deployed in ever more social contexts, they are being mechanically executed not merely in principle, but pervasively in practice. Due to recent advances in computing technology, the benefits and burdens we experience in our lives are now increasingly decided by automata, rather than each other. How are we to morally assess these technologies? In this chapter, I propose a preliminary conceptual schema for identifying and locating the various injustices of automated, algorithmic social decision systems, from a broadly liberal perspective. (shrink)

Advancements in machine learning have fuelled the popularity of using AI decision algorithms in procedures such as bail hearings, medical diagnoses and recruitment. Academic articles, policy texts, and popularizing books alike warn that such algorithms tend to be opaque: they do not provide explanations for their outcomes. Building on a causal account of transparency and opacity as well as recent work on the value of causal explanation, I formulate a moral concern for opaque algorithms that is yet to receive (...) a systematic treatment in the literature: when such algorithms are used in life-changing decisions, they can obstruct us from effectively shaping our lives according to our goals and preferences, thus undermining our autonomy. I argue that this concern deserves closer attention as it furnishes the call for transparency in algorithmic decision-making with both new tools and new challenges. (shrink)

Testimony about the future dangerousness of a person has become a central staple of many judicial processes. In settings such as bail, sentencing, and parole decisions, in rulings about the civil confinement of the mentally ill, and in custody decisions in a context of domestic violence, the assessment of a person’s propensity towards physical or sexual violence is regarded as a deciding factor. These assessments can be based on two forms of expert testimony: actuarial or clinical. The purpose of (...) this paper is to examine the scientific and epistemological basis of both methods of prediction or risk assessment. My analysis will reveal that this kind of expert testimony is scientifically baseless. The problems I will discuss will generate a dilemma for factfinders: on the one hand, given the weak predictive abilities of the branches of science involved, they should not admit expert clinical or actuarial testimony as evidence; on the other hand, there is a very strong tradition and a vast jurisprudence that supports the continued use of this kind of expert testimony. It is a clear case of the not so uncommon conflict between science and legal tradition. (shrink)

The application of artificial intelligence (AI) to judicial decision-making has already begun in many jurisdictions around the world. While AI seems to promise greater fairness, access to justice, and legal certainty, issues of discrimination and transparency have emerged and put liberal democratic principles under pressure, most notably in the context of bail decisions. Despite this, there has been no systematic analysis of the risks to liberal democratic values from implementing AI into judicial decision-making. This article sets out to fill (...) this void by identifying and engaging with challenges arising from artificial judicial decision-making, focusing on three pillars of liberal democracy, namely equal treatment of citizens, transparency, and judicial independence. Methodologically, the work takes a comparative perspective between human and artificial decision-making, using the former as a normative benchmark to evaluate the latter. -/- The chapter first argues that AI that would improve on equal treatment of citizens has already been developed, but not yet adopted. Second, while the lack of transparency in AI decision-making poses severe risks which ought to be addressed, AI can also increase the transparency of options and trade-offs that policy makers face when considering the consequences of artificial judicial decision-making. Such transparency of options offers tremendous benefits from a democratic perspective. Third, the overall shift of power from human intuition to advanced AI may threaten judicial independence, and with it the separation of powers. While improvements regarding discrimination and transparency are available or on the horizon, it remains unclear how judicial independence can be protected, especially with the potential development of advanced artificial judicial intelligence (AAJI). Working out the political and legal infrastructure to reap the fruits of artificial judicial intelligence in a safe and stable manner should become a priority of future research in this area. (shrink)

Aproximaciones teóricas a la danza es producto de un trabajo investigativo conjunto que permite la circulación del conocimiento producido por distintos actores involucrados en el campo de la danza en Colombia. Para la Red de Investigación Cuerpo Danza Movimiento, esta publicación es un logro investigativo colectivo que ofrece una visión del conjunto de esfuerzos y perspectivas actuales sobre la danza en Colombia y en otras latitudes en donde este arte se ha ido convirtiendo en un objeto de estudio específico. En (...) este volumen se encuentran textos sobre la relación danza y filosofía, de Carlos Eduardo Sanabria (Universidad Jorge Tadeo Lozano); la relación danza y antropología, de Andrea Ceballos Flórez y la danza contemporánea como campo de investigación de la antropología (Pontificia Universidad Javeriana); un estudio etnográfico de la salsa en Bogotá, de el de Ángela R. Leguizamón (Universidad Nacional, Universidad Distrital FJC); la política cultural y la participación del sector en la políticas distritales, de el de Laura de la Rosa, Diana C. Varón y Aidaluz Sánchez A. (Universidad Santo Tomás). Sobre estudios historiográficos, Juliana Congote se centra en los procesos editoriales y la consolidación de las comunidades de interpretación de la danza contemporánea en el país (Universidad de Antioquia ); y en estudios sociales Liliana Echeverri, sobre la relación del baile social con los espacios sociales que aparecen en Manrique, Medellín (Universidad Andina Simón Bolívar, Ecuador) y el texto de Patricio Juárez F., sobre la práctica artística de la danza y su relevancia como fenómeno sociocultural (Universidad Autónoma de Nuevo León, México); igualmente encontramos sobre filosofía el texto propuesto por Paola V. Pita Gaona, quien analiza la teoría de la acción poética y la danza en Paul Valéry (Pontificia Universidad Javeriana ); y sobre medios interactivos de Gloria S. Sáenz, en la exploración investigativa realizada en la Escuela tecnológica del Instituto Técnico Central, sobre la utilización del Smartphone (como videocámara) para la producción discursiva, creando nuevas aproximaciones al mundo (Escuela Tecnológica ITC), y finalmente, el texto de Rebeca Sánchez A., sobre la transformación en la creación, la contemplación y la participación, de la experiencia dancística cuando son utilizados recursos tecnológicos (UNAM, México). (shrink)

On September 7, 2008 the executive administration of American President George W. Bush announced that his government would take over the giant mortgage finance companies Fannie Mae and Freddie Mac, costing the citizens $200 billion. One week later, the 160 year-old American investment bank Lehman Brothers filed for the largest bankruptcy in U.S. history. What would soon be known worldwide as “the financial crisis” had begun. In response to that crisis, less than a month later, on October 3, 2008, the (...) United States Congress passed the Emergency Economic Stabilization Act of 2008, which established the Troubled Asset Relief Program and authorized the use of $700 billion in taxpayer funds to bail out the banking and finance industry. As a result, the U.S. Treasury reports that the total bailout gave Bank of America $45 billion, Citigroup Bank $45 billion, AIG Bank $40 billion, J. P Morgan $25 billion, Wells Fargo $25 billion, General Motors $10.4 billion, Goldman Sachs $10 billion, Morgan Stanley $10 billion, GMAC $5 billion, and Chrysler corporation, a mere $4 billion. This response to a perceived crisis was not limited to the United States. On October 12, 2008—in one day alone—the United Kingdom coughed up the equivalent of €679 billion in bank relief. And in Germany, Der Spiegel reported on December 23, 2008 “The German government whipped its €480 billion bank bailout package through parliament in record time.". (shrink)

En el 2021, se realizó una entrevista al actor, bailarín y coreógrafo Víctor Rojas, quien es recordado en Perú por haber participado en el filme norteamericano Max ha desaparecido (1995). Durante la conversación, se le plantearon algunas preguntas al invitado, con la finalidad de conocer un poco más sobre su desempeño artístico que mantiene hasta la actualidad.