Governance Reflection on Algorithmic Automated Decision-Making:Pathway Adjustment and Jurisprudential Response Based on Practical Reason
The misalignment caused by instrumental reason has led to the governance logic of algorithmic automated decision-making being dominated by instrumental reason thinking.Under the dominance of instrumental reason,algorithm governance emphasizes algorithm transparency on governance issues and implements governance through"technical standards"in the governance pathway.Academia typically calls for the return of value reason to correct the alienation of instrumental reason in algorithm governance.However,this approach is one-sided because it fails to achieve the unity of algorithm governance theory and practice.Practical reason,on the one hand,can replace value reason to correct the deviation of instrumental reason in governance due to its inherent multifarious value content.On the other hand,because it contains the means of realizing values,it can overcome the division between governance theory and practice,leading algorithm governance towards a"thick"institutional logic-based"digital governance"paradigm.In this process,algorithm governance shifts its focus from governance objects to governance processes,from theoretical dimensions to engineering dimensions.On this basis,practical reason also corrects the increasing"technicalization"of legal research,enhances the responsiveness of jurisprudence to real-world problems,and guides future legal research towards a transformation"out of theory"and"towards engineering".
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维普
