Institute of Law

The advent of opaque assistive AI in courtrooms has raised concerns about the contestability of these systems, and their impact on procedural justice. The right to an explanation under the GDPR and the AI Act could address the inscrutability of judicial AI for litigants. To substantiate this right in the domain of justice, we examine utilitarian, rights-based (including dignitarian and Dworkinian approaches), and relational theories of procedural justice. These theories reveal diverse perspectives on contestation, which can help shape explainability rights in the context of judicial AI. These theories respectively highlight different values of litigant contestation; it has instrumental value in error correction, and intrinsic value in respecting litigants’ dignity, either as rational autonomous agents or as socio-relational beings. These insights help us answer three central and practical questions on how the right to an explanation should be operationalized to enable litigant contestation: should explanations be general or specific, to what extent do explanations need to be faithful to the system’s internal behavior or merely provide a plausible approximation, and should more interpretable systems be used, even at the cost of accuracy? These questions are not strictly legal or technical in nature, but also rely on normative considerations. Finally, this paper also evaluates what theory of procedural justice could best safeguard contestation effectively in the age of judicial AI. Thereto, it provides the first building blocks of an AI-responsive theory of procedural justice.

Abstract Over the last few years, there have been claims that de-extinction practitioners will recreate the ‘Woolly Mammoth’ (Mammuthus primigenius)—or at least something that resembles it—by 2027. Given the recent births of the ‘Colossal Woolly Mouse’—mice engineered to express multiple key mammoth-like traits that provide adaptations to life in cold climates—and the ‘Dire Wolf’—genetically modified grey wolves— it appears that Colossal Biosciences’ goal of bringing back a mammoth is now becoming a realistic prospect. Building on previous work that explores whether de-extinct species would qualify as patent-eligible subject matter under European and United States (US) patent law, this article critically assesses the potential ethical implications of patenting a woolly mammoth created via genetic engineering under European Patent Law, and highlights some of the ecological and animal welfare objections that are likely to be raised. We argue that such ethical considerations are likely to be similar to those raised against transgenic animals in the past, and thus unlikely to be significant hurdles to patenting a de-extinct woolly mammoth under European Patent Law.

Abstract The article is of a scientific and research-based nature. It analyses the transparency of disciplinary proceedings against academic teachers, which are conducted under the Act on Higher Education and Science. The article examines issues of transparency in light of the provisions of that Act, the Code of Criminal Procedure, and the Act on Access to Public Information. The research objective was clear: to determine whether persons not involved in disciplinary proceedings (namely the accused, their defence counsel, or the disciplinary advocate) may request access to the records of such proceedings (in whole or in part), or seek information from them other than official documents, under the Act on Access to Public Information. The analysis covered the regulations concerning the parties to disciplinary proceedings contained in the Higher Education and Science Act, the 2022 Implementing Regulation governing disciplinary procedures, and the Code provisions applicable to disciplinary matters. The rules concerning access to public information were also analysed, both in normative terms and in light of administrative court rulings. The research employed the dogmatic method, and its findings are original and significant for both legal scholarship and practice. The study has conclusively demonstrated that information from disciplinary proceedings involving academic teachers, as well as the files of such proceedings, although considered public information, are not subject to disclosure to persons requesting access under the Act on Access to Public Information. This is because a special regulation – namely the appropriate application, under Article 305 of the Higher Education and Science Act, of Article 156 § 1 of that Code – excludes such applicants, until the conclusion of the disciplinary proceedings, from the group of persons who, under the current legal framework, have access to disciplinary files.

ABSTRACT Psychedelics offer an intriguing novel method for changing minds, supposedly by destabilizing the neurobiology of the belief system. The resulting power to change minds raises ethical and epistemic concerns. This article examines the epistemic status of psychedelic experiences and suggests a skeptical attitude towards beliefs formed under their influence, a position that stands in contrast to some epistemic practices in the field. It proposes four norms for the ethics of altering beliefs and opinions of others, based on both the outcomes of interventions and the processes they involve. It introduces the concept of ‘doxastic vulnerability’ for states of heightened susceptibility to belief change, such as those induced by psychedelics. It further argues that placing people in a state of doxastic vulnerability generates responsibilities to prevent or mitigate harms arising from such states. This should motivate epistemic harm reduction measures in psychedelic therapy and, contrary to several recent statements in the literature, a reconsideration of a passive non‐directive stance of therapists in favor of a more active role as epistemic guides.

The evolution of e-commerce due to digital transformation has introduced new issues in consumer protection, particularly concerning the efficacy of administrative penalties against digital enterprises. The primary issue in this study pertains to the ineffectiveness of administrative sanctions as stipulated in Law Number 8 of 1999 regarding Consumer Protection (UUPK), which remains anchored in the conventional transaction paradigm and has not adequately addressed cross-border and anonymous e-commerce practices. The objective of this research is to conduct a legal analysis of the efficacy of examine administrative punishments within the digital consumer protection framework, highlight normative and institutional obstacles to its execution, and propose alternative legislative changes for responsiveness. The methodology used is normative legal research using a regulatory and conceptual framework, supplemented by a study of secondary literature. The study's findings suggest the need to revise legislative regulations and enhance institutions by creating a digital oversight authority and developing a technology-driven integrated supervisory system. This change is crucial for guaranteeing legal stability and robust protection for consumers in the digital commerce age.

Abstract This article presents findings from a study exploring the implementation of the Reflective Practice Supervision Standards for the National Probation Service, in England and Wales. The paper considers the concept of dirty work in relation to specialist probation workers with roles in the Magistrates Courts, Prison, Approved Premises and Victim Liaison services. This analysis expands the application of the breadth and depth of stigma for occupational dirty work to these hidden probation workers. Specifically, we show that taint comes from inside and outside the organization, taint varies in terms of type and source of taint and in ‘breadth’ and ‘depth’ across roles inside probation. We conclude by describing the strategies staff use to manage occupational stigma.

The article outlines some current areas of research on Ukrainian democracy. It is noted that in the doctrine of the socio-humanitarian sciences of Ukraine, for a long time the efforts of scientists were concentrated on studying the general problems of the formation of democracy, the authenticity of Ukrainian democracy, the phenomenon of control in the functions of the state, as the basis of the concept of «checks and balances» in democratic states, etc. The provisions on the progress of domestic democracy in the field of the theory of state and law, the history of state and law, constitutional law, political science, etc. are very well developed. Domestic socio-humanitarian sciences have developed a layer of fundamental research, formulations, and conclusions. Currently, the emphasis in the definitions of the concept of «democracy» has shifted somewhat. It was traditionally considered as «the power of the people» or «the rule of the people». The development of the doctrine of socio-humanitarian sciences has ensured the advancement of the scientific understanding of the concept of «democracy» from general categories («people’s power») to its organizational and functional nature: ensuring the principle of democracy and specific instruments of citizen participation in state governance. In this context, it is worth paying special attention to the current areas of research on the study of the features of the implementation of democratic standards in applied spheres of citizens lives – education, medicine, etc. Historical and historical-legal provisions on the authenticity of Ukrainian democracy and its formation have undergone a profound rethinking. The areas of studying the origins of Ukrainian constitutionalism, analyzing experience and rethinking the results of the implementation of democratic standards and approaches in various democratic states remain relevant. Current research directions in a global context relate specifically to contemporary challenges that democracies face. The continuation of the progress of Ukrainian democracy, the deepening of democratic processes in the development of the state and society, and Ukraine’s European integration are taking place in conditions of war. In view of this, research directions on specific mechanisms for maintaining equilibrium, maintaining balances in conditions of war between the legislative, executive, and judicial components of state power, between civil society and the state, and between sectors of civil society in conditions of polarization exacerbated by war are becoming extremely relevant.

In the article, the author examines the system of places of deprivation of liberty in the Belarusian provinces of the western edge of the Russian Empire at the turn of the XIX–XX centuries. Attention is focused on the fact that after the three sections of the Polish-Lithuanian Commonwealth at the end of the XVIII century and the annexation of all lands of the territory of the modern Republic of Belarus to the Russian Empire, places of imprisonment in the Belarusian provinces in particular and the Russian penitentiary system as a whole in the nineteenth century. slowly, but purposefully and centrally, they began to reform both in organizational and legal, and in other directions, including in the issue of organizing the correction (re-socialization) of those sentenced to imprisonment. At the same time, despite the measures taken by the Main Prison Department of the Ministry of Internal Affairs of the Russian Empire, the situation in both Belarusian and Russian places of detention during the period under study remained difficult, since legislators and law enforcement officers had to simultaneously solve a significant number of long-overdue tasks and problems in this area, taking into account socio-political and financial and economic situations in the external and internal directions in the country. It is noted that the system of places of deprivation of liberty in the territory of the Belarusian provinces at the turn of the XIX–XX centuries consisted of 49 penitentiary institutions, most of which were prisons located in county and provincial cities. The author concludes that during the period under study, the system of places of deprivation of liberty in the Belarusian provinces of the western edge of the Russian Empire at the turn of the XIX–XX centuries was generally formed and centrally managed in conditions of constant improvement of its activities in various directions.