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Formalising Anti-Discrimination Law in Automated Decision Systems

29 June 2024
Holli Sargeant
Måns Magnusson
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ArXiv (abs)PDFHTML
Main:8 Pages
Bibliography:5 Pages
Appendix:1 Pages
Abstract

We study the legal challenges in automated decision-making by analysing conventional algorithmic fairness approaches and their alignment with antidiscrimination law in the United Kingdom and other jurisdictions based on English common law. By translating principles of anti-discrimination law into a decision-theoretic framework, we formalise discrimination and propose a new, legally informed approach to developing systems for automated decision-making. Our investigation reveals that while algorithmic fairness approaches have adapted concepts from legal theory, they can conflict with legal standards, highlighting the importance of bridging the gap between automated decisions, fairness, and anti-discrimination doctrine.

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@article{sargeant2025_2407.00400,
  title={ Formalising Anti-Discrimination Law in Automated Decision Systems },
  author={ Holli Sargeant and Måns Magnusson },
  journal={arXiv preprint arXiv:2407.00400},
  year={ 2025 }
}
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