SP 1: Artificial decision-making and anthropocentrism of private law
Subproject 1 (SP1) deals with the premise that private law is anthropocentric, because it focuses on humans – their will, their autonomy, their responsibility, their knowledge, their fault. It also takes into account their fallibility. AI systems can, at least on the surface, act like humans. However, “artificial decisions” cause irritations in the private law system. They question traditional concepts and patterns of reasoning.
Against this background, SP 1 pursues an analysis of the anthropocentric dimensions of private law in order to use insights from discourses in other disciplines, such as linguistics, political theory, and the sociology of technology, to sharpen legal concepts and ultimately develop results that are compatible with legal doctrine.
The project is divided into three work packages, each of which is guided by a thesis:
- Anthropomorphizations can be an obstacle to technology-responsive private law. Read more
- Private law scholarship must reflect more closely on anthropocentric legal language – in particular, anthropomorphizations and metaphorical concepts. Read more
- The private law discourse on artificial decisions is a political discourse that deals with questions of power, as well as inclusion and exclusion through law. Read more
Overall, TP 1 will reflect in a transdisciplinary manner on the role of private law scholarship in the ongoing process of dealing with artificial decisions in law.