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Added by: Deryn Mair ThomasAbstract:
This article argues for a right to explanation, on the basis of its necessity to protect the interest in what I call informed self- advocacy from the serious threat of opacity. The argument for the right to explanation proceeds along the lines set out by an interest- based account of rights (Section II). Section III presents and motivates the moral importance of informed self- advocacy in hierarchical, non- voluntary institutions. Section IV argues for a right to so- called rule- based normative and causal explanations, on the basis of their necessity to protect that interest. Section V argues that this protection comes at a tolerable cost.
Comment: This paper asserts a right to explanation grounded in an interest in informed self-advocacy, the term the author uses to describe a cluster of abilities to represent one's interests and values to decision-makers and to further those interests and values within an institution. Vredenburgh also argues that such form of self-advocacy are necessary for hierarchical, non-voluntary institutions to be legitimate and fair - and it is on these grounds that a person may reasonably reject insitutional set-ups that prevent them from engaging in these abilities. In this sense, Vredenburgh's argument applies to a broader set of problems then simply algorithmic opacity - they may feasibly be applied to cases in which systems (such as bureacratic ones) deny an individual this right to explanation. Therefore, this paper presents an argument which would be useful as further or specialised reading in a variety of classroom contexts, including courses or reading groups addressing technological and algorithmic ethics, basic political rights, bureacratic ethics, as well as more general social and political philosophical courses. It might be interesting, for example, to use it to in an introductory social/political course to discuss with students some of the ethical questions that are particular to a 21st century context. As systems become more complex and individuals become further removed from the institutional decision-making that guides/rules/directs their lives, what right do we have to understand the processes that condition our experience? In what other situations might these rights become challenged?
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Added by: Kas Bernays
Report Summary: Rarely has a Māori river claim been so persistently maintained as that of the Whanganui people. Uniquely in the annals of Māori settlement, the country’s longest navigable river is home to just one iwi, the Atihau-a-Paparangi. It has been described as the aortic artery, the central bloodline of that one heart. The Atihau-a-Paparangi claim to the authority of the river has continued unabated from when it was first put into question. The tribal concern is evidenced by numerous petitions to Parliament from 1887. In addition, legal proceedings were commenced as early as 1938, in the Māori Land Court, on an application for the investigation of the title to the riverbed. From there the action passed to the Māori Appellate Court in 1944, the Māori Land Court again in 1945, the Supreme Court in 1949, to a further petition and the appointment of a Royal Commission in 1950, to a reference to the Court of Appeal in 1953, to a reference to the Māori Appellate Court in 1958 and to a decision of the Court of Appeal in 1962. This may represent one of the longest set of legal proceedings in Māori claims history, yet in all those proceedings, it is claimed, the principles of the Treaty of Waitangi had no direct bearing. Nor did the matter rest there for the court hearings were followed by further petitions and investigations, and in more recent times, Atihau-a-Paparangi were again involved in the Catchment Board inquiry on minimum river flows in 1988 and in the Planning Tribunal and High Court hearings on the same matter in 1989, 1990 and 1992.
Comment (from this Blueprint): The Whanganui River Report famously led to the recognition of the Whanganui River as a legal person in Aotearoa/New Zealand. The selected fragment from this report offers a detailed account, presented by claimants in their own words, of the Māori views toward the natural world which led to this ruling.
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