ABSTRACT
A profound shift is occurring in the way many decisions are made, with machines taking greater roles in the decision-making process. Two arguments are often advanced to justify the increasing use of automation and algorithms in decisions. The ‘Awful Human Argument’ asserts that human decision-making is often awful and that machines can decide better than humans. Another argument, the ‘Better Together Argument’, posits that machines can augment and improve human decision-making. These arguments exert a powerful influence on law and policy.
In this Essay, we contend that in the context of making decisions about humans, these arguments are far too optimistic. We argue that machine and human decision-making are not readily compatible, making the integration of human and machine decision-making extremely complicated …
Solove, Daniel J and Matsumi, Hideyuki, AI, Algorithms, and Awful Humans (October 16, 2023), 96 Fordham Law Review (forthcoming 2024); GWU Legal Studies Research Paper No 2024-09; GWU Law School Public Law Research Paper No 2024-09.
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