KJuris: Dr. Annette Zimmerman (Princeton) - "Algorithmic Injustice Beyond Discriminatory Harm"

KJuris Seminar with Dr Annette Zimmerman (Princeton)

Title: "Algorithmic Injustice Beyond Discriminatory Harm"

Abstract:

A growing body of research in computer science shows that algorithmic decision-making (ADM) is often subject to bias, which may materialise (amongst other things) in the form of disproportionately high risks of error concerning probabilistic judgments about members of racial and religious minorities, women, and other socially disadvantaged groups. So is algorithmic injustice a straightforward discrimination problem, which we can explain fully by simply applying one of the many existing philosophical accounts of the wrong-making features of discrimination to the concrete domain of ADM? In other words, is ADM fair just if it does not lead to discriminatory harm? I argue that the Discriminatory Harm Thesis—the view that algorithmic injustice describes the set, and only the set, of all disparate outcomes of ADM which are wrongful because they constitute discriminatory harm—is wrong. Due to the predictive nature of ADM, algorithmic assessments often involve not only the disproportionate distribution of particular harms, but also the disproportionate distribution of wrongful but 'harm-less' risks. Conversely, there are important cases involving non-discriminatory harm impositions, including equal harm impositions, which are intuitively a constitutive aspect of the broader category of algorithmic injustice. Thus, contrary to what most existing analyses of algorithmic bias seem to assume, I argue that the problem of algorithmic injustice reaches far beyond the problem of discriminatory harm due to predictive inaccuracy.

The King's Legal Philosophy Workshop, directed by Professor Lorenzo Zucca, Professor Massimo Renzo and Dr Ori Herstein is a forum devoted to discussing works in progress by today's leading legal philosophers and theorists as well as by promising younger talents from around the world. While our focus is philosophical and jurisprudential, we construe these terms broadly and welcome all rigorous methodological approaches to legal theory.

Anyone with a keen interest in Legal Philosophy is welcome, yet potential attendees should bear in mind that we prefer to commence substantive conversation as quickly as possible and do not allow for much by way of presentation from the guest. Taking a look at the paper in advance is, therefore, advisable.

Please register your attendance using the link. Unless otherwise indicated, all of the workshops will be held in The Dickson Poon School of Law, King's College London, Somerset House East Wing, Strand.