Tianxiang Chen (Zhejiang University – Guanghua Law School) has posted Thinking Like a Scientist: A Theory of the Right to Science in Algorithmic Governance on SSRN. Here is the abstract:
The “science” in algorithmic governance and digital law research is often simplistically understood, failing to address how human right to science can be embedded in digital social governance in line with international human rights academic trends. The logic of the right to science differs from “technological equality,” emphasizing how rights holders can truly become or resemble scientists in terms of capacity, social role, and cultural capital. The theory of the right to science based on ANT and STS can advance dialogue between law and science, providing a truly scientific approach to the legitimacy of algorithmic governance. Algorithmic governance risks can be attributed at the academic and scientific level to the failure to promote public understanding of artificial intelligence, which relates to the extremely low public participation in responsible AI research. The right to science approach to due process in algorithmic governance needs to address issues of controversiality, interpretability. The right to science construction based on the principle of proportionality in algorithmic governance needs to recognize that the principle of proportionality itself is not a neutral tool, focus on how research integrity is integrated into the principle of proportionality, and how to “think with things” regarding the principle of proportionality.
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