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May 14, 20260 citationsOpen Access

Algorithmic decision-making systems and legal responsibility: Reconstructing fault, agency, and accountability in the digital age

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OJOxbridge Journal

Key Points

  • The paper investigates the challenges posed by algorithmic systems to traditional legal concepts of responsibility and accountability.
  • Analyzed the legal implications of algorithmic decision-making from doctrinal and legal-philosophical perspectives.
  • Critiqued existing fault-based liability frameworks in the context of algorithmic harms.
  • Proposed a reconceptualization of legal responsibility that incorporates human dignity and transparency.
  • Established that current liability regimes are inadequate to address the complexities of algorithmic decision-making.
  • Advanced the concept of 'algorithmic accountability' as a necessary framework for ensuring legal protection in the digital era.
  • Highlighted the need for a systemic approach to accountability that aligns with the digital transformation of legal processes.

Abstract

Abstract In the digital age, algorithmic decision-making systems have become central actors in shaping legal, economic, and social outcomes. From credit scoring and insurance risk assessments to welfare allocation, content moderation, and predictive policing, algorithmic systems increasingly determine individuals' access to rights, resources, and visibility. This transformation poses a fundamental challenge to classical legal concepts such as agency, fault, responsibility, and accountability, which are traditionally grounded in human intention and consciousness. While legal doctrine presumes a human decision-maker capable of intent, negligence, and moral judgment, algorithmic systems operate through opaque, data-driven processes that defy these assumptions. This article examines the legal nature of algorithmic decision-making systems from a doctrinal and legal-philosophical perspective. It argues that existing fault-based liability regimes are structurally inadequate to address algorithmic harms and proposes a reconceptualization of legal responsibility grounded in human dignity, transparency, and systemic accountability. The study ultimately advances the concept of "algorithmic accountability" as a normative framework capable of preserving the protective function of law in the digital era. Keywords: Algorithmic decision-making, legal responsibility, fault, human dignity, digital law, artificial intelligence

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Cite This Study

Oxbridge Journal (2026) studied this question.

synapsesocial.com/papers/6a056824a550a87e60a20855https://doi.org/10.5281/zenodo.20138351
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