Journal of Shanghai University (Social Science Edition) ›› 2024, Vol. 41 ›› Issue (3): 19-36.

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Principles of Algorithmic Justice under the Synchronic Existence of Conscience and Justification —Reflecting Concurrently on the Questions Posed by Harari in Homo Deus: A Brief History of Tomorrow

  

  1. School of Cyberspace Security and Information Law, Chongqing University of Posts andTelecommunications
  • Online:2024-05-15 Published:2024-05-16

Abstract:

The synchronic existence of Dao and modern natural law is manifested in the coexistence of pure conscience and justification, which helps prevent human disasters caused by data evolutionary humanism as well as technocrat plus special AI, general AI plus brain-computer integration, and so on. The idea is structured as a three-tiered logical ladder based on virtue. To prevent the conflicts arising from synchronic existence, a functional demarcation is necessary within the algorithmic diversity of remedial systems. Utilitarianism (which can be manifested as datism) and deontology (such as the priority of rights) are more suited to traditional legal domains such as private law, platform agreements, and individual personalized agreements.The Dao of law under the theory of pure conscience theory or Chinese natural law, can introduce the principle of conscience  rioritization, which is latent in daily practice, thus restricting its application to social law domains, including issues involving common conscience such as New Humanity and Strong AI. In summary, this algorithmic view of justice which is intended to prevent data evolutionary humanism, can infer the general algorithmic principle under the universe-wide justice: the principle of demarcation between conscience and justice, i. e., the principle of the conscience prioritization in social law domains and right prioritization in traditional law domains. Sub-principles include the principle of equality between the virtual and nature worlds and the principle of equality between digital and real humans. Derivative rules include the rule of human

controlling the machine whereby human freedom is predicated on the inability to choose“machine control of man”in brain-computer integration. The author recommends that its rules be included in the global neurotechnology guide.

Key words: algorithm, conscience, just, synchronic existence, social law

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