Cited by 71Explainable Artificial Intelligence (XAI)Ethics and Social Impacts of AIDigitalization, Law, and Regulation

Beyond explainability: justifiability and contestability of algorithmic decision systems

Open access
Henin, Clément, Le Métayer, Daniel·2022·AI & SOCIETY

AI snapshot

Written from the paper’s full text.

TL;DR

The paper argues that explainability is useful but insufficient for legitimating high-stakes algorithmic decision systems; justifiability and contestability should be the key requirements. It distinguishes explanations from justifications and sketches ways to operationalize justifiability and contestability for different stakeholders.

Key findings

  • Explanations are descriptive and intrinsic to the system, while justifications are normative and extrinsic, depending on an external norm; contestation is the dual of justification, aiming to convince that a decision is bad.
  • Justifiability and contestability are presented as necessary conditions for legitimacy and as essential parts of accountability, where accountability involves an obligation to provide justification and the possibility of challenge.
  • The paper proposes operationalization for experts through documentation, Datasheets for Data Sets, Model Cards, testing/logs, and formal proofs where possible, and for non-experts through interactive tools such as Algocate.
  • In the fictive vaccine-allocation example, Algocate reports illustrative figures: a user older than 60 and practicing as a nurse has an average spreading factor of 2.3 versus an average of 1.2; a user older than 70 with disease D has a death risk of 5% versus an average of 0.1%; and a user older than 70 not in the medical sector has an average spreading factor of 0.8 versus an average of 1.2.

Methods

  • Conceptual and argumentative paper, not an empirical study; it defines terminology and develops a normative framework for algorithmic decision systems.
  • It draws on legal and ethics sources such as the GDPR, HLEG-AI guidelines, the Digital Services Act proposal, and the Canadian Directive on Automated Decision-Making, and uses a fictive vaccine allocation system with the Algocate tool as an illustration.
  • The main analysis distinguishes explanations, justifications, and contestations, then discusses operationalization across four situations: ex-ante algorithmic impact assessment, experts, professionals, and laypersons.

Limitations

  • The paper states that justifiability and contestability cannot be reduced to technical issues, that critical ADS deployment should be preceded by a multistakeholder algorithmic impact assessment, that formal proofs are only possible in extreme situations and generally not for ML-based ADS, and that little work has been done to facilitate justifications and contestations for non-experts.
  • Evident from the text: the proposed operationalization is not empirically evaluated or validated, and the Algocate vaccine-allocation interactions are fictive and simplified illustrations rather than reported field results.

Model-written summary. Check it against the paper before relying on it.

Integrity signals

Registry

Crossref · 10.1007/s00146-021-01251-8

Cites

67 of 67 references verified0 citation errors · 0 not checkable

Statistics

Nothing to recompute.

Claims the paper makes

0 of 54 cited sources checked · 0 supported · 0 flagged

  • Premisereasoning
    § 4.2 Justifications and contestations for professionals and laypersons · p. 12

    If a party refers to a norm or hierarchy that is not accepted by the other party, the contestation-justification protocol requires the intervention of the human decision maker.

    “In such situations, if a party refers to a norm or hierarchy that is not accepted by the other party, the contestation-justification protocol requires the intervention of the human decision maker.”
    Quote in the paperSubstantial claim
  • Interpretationreasoning
    § 3.6 When should justifiability and contestability be required ? · p. 8

    The conditions set out in the GDPR for when justifiability and contestability are required are clearly insufficient.

    “In this regard, the conditions set out in the GDPR are clearly insufficient as they refer to persons 'subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.'”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites GDPR

      Not checked in the free run.

    • Rests on an assumption: Justifiability and contestability cannot be imposed on any ADS in any context.
    • Rests on an assumption: The first criterion to take into account for requiring justifiability and contestability is the potential impacts of the decisions on individuals and on society in general.
  • Interpretationreasoning
    § 4.1 Justifications and contestations for experts · p. 11

    Experts can use the same means to challenge the justifications provided by the operator (further testing, verification of further properties, etc.).

    “Therefore, experts can use the same means to challenge the justifications provided by the operator (further testing, verification of further properties, etc.).”
    Quote in the paperNot a substantial claim
  • Interpretationcitation
    § 3.2 Justifications and contestations must rely on norms · p. 6

    Justifications rely on norms, that is to say requirements that are generally outside the algorithmic system.

    “In contrast with explanations, justifications rely on norms, that is to say requirements that are generally outside the algorithmic system 13 .”
    Quote in the paperSubstantial claim
  • Interpretationnone given
    § 3.1 Justifiability and contestability are necessary conditions for the legitimacy of algorithmic decisions · p. 4

    Justifiability and contestability are necessary conditions for the legitimacy of algorithmic decisions.

    “3.1 Justifiability and contestability are necessary conditions for the legitimacy of algorithmic decisions”
    Quote in the paperNot a substantial claim
  • Classified as probably not a substantial claim. 60
  • May combine two claims. 29
  • Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

    Interpretationreasoning
    § 2 Terminology · p. 3

    Explanations and justifications have different goals and should not be conflated.

    “Even if they often support each other, explanations and justifications have different goals and should not be conflated: a user can understand the logic leading to a particular outcome without agreeing on the fact that this outcome is good; vice versa, he/she may want to contest an outcome (being convinced that it is bad) without knowing or understanding the logic behind the algorithm.”
    Quote in the paperNot a substantial claim
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    Premisecitation
    § 3.1 Justifiability and contestability are necessary conditions for the legitimacy of algorithmic decisions · p. 5

    Accountability is a condition for input legitimacy.

    “Kees Van Kersbergen and Frans Van Waarden refer to accountability as a condition for input legitimacy 9 [45] and Steven Bernstein highlights the importance of justifications and contestations to ensure legitimacy [9].”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [45] HLEG-AI (2019) Ethics guidelines for trustworthy AI. European Commission High-Level Expert Group on Artificial Intelligence. https://digital-strategy.ec.europa.eu/en/library/ethics-guidelines-trustworthy-ai

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    Premisecitation
    § 4.2 Justifications and contestations for professionals and laypersons · p. 12

    The first norm in Fig. 1 is an example of rule while the two others are examples of objectives.

    “The first norm in Fig. 1 is an example of rule while the two others are examples of objectives.”
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    Interpretationreasoning
    § 4.1 Justifications and contestations for experts · p. 10

    Justifications are complete only if they establish a continuous link between the high-level objectives of the ADS (the applicable norms) and its implementation, with arguments about the fact that the implementation complies with the objectives.

    “Justifications are complete only if they establish a continuous link between the high-level objectives of the ADS (the applicable norms, for example nondiscrimination, reduction of recidivism rate, or compliance with a given legal requirement) and its implementation, with arguments about the fact that the implementation complies with the objectives.”
    Quote in the paperNot a substantial claim
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    Premisecitation
    § 1 Introduction · p. 1

    Broad requirements such as transparency, fairness and accountability are generally ill defined, seldom required by law and difficult to implement.

    “Broad requirements such as transparency, fairness and accountability are often presented as ways to limit these risks but they are generally ill defined, seldom required by law and difficult to implement[19, 42].”
    Quote in the paperSubstantial claim0 of 2 sources checked
    • cites [19] Bovens M (2006) Analysing and assessing public accountability. a conceptual framework. CONNEX and EUROGOV networks. https://www.ihs.ac.at/publications/lib/ep7.pdf

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    • cites [42] Henin C, Le Métayer D (2021b) A framework to contest and justify algorithmic decisions. Springer AI Ethics. https://doi.org/10.1007/s43681-021-00054-3 source

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  • Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

    Interpretationreasoning
    § 2 Terminology · p. 4

    Justifications alone would lead to a unilateral process whereas contestations introduce a dialectic, conversational process.

    “Justifications alone would lead to a unilateral process whereas contestations introduce a dialectic, conversational process.”
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    Interpretationcitation
    § 3.5 Contestability ensures a balanced and mutually beneficial collaboration between ADS and humans · p. 8

    Justifications and contestations have the potential to bring a radical change to the integration of ADS within human environments.

    “In addition to being essential components of accountability and legitimacy, justifications and contestations have the potential to bring a radical change to the integration of ADS within human environments.”
    Quote in the paperNot a substantial claim
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    Interpretationreasoning
    § 3.6 When should justifiability and contestability be required ? · p. 9

    For ADS embedded in critical systems that make decisions automatically without interaction with any individual, the beneficiary of justifications and potential issuer of contestations could be an auditor or an expert working for a certification body.

    “For this type of ADS, the beneficiary of the justifications and the potential issuer of contestations could be an auditor or an expert working for a certification body.”
    Quote in the paperNot a substantial claim
    • Rests on an assumption: Justifiability and contestability cannot be imposed on any ADS in any context.
  • Classified as probably not a substantial claim. May combine two claims.

    Premisenone given
    § 4.2 Justifications and contestations for professionals and laypersons · p. 12

    Professionals and affected people are involved in the operational phase of the ADS and have to cope with particular situations (their own situation for affected people; the situation of the persons they have to serve for professionals).

    “In contrast to experts, professionals and affected people are involved in the operational phase of the ADS and they have to cope with particular situations (their own situation for affected people; the situation of the persons they have to serve -patients, litigants, or customers - for professionals).”
    Quote in the paperSubstantial claim
  • May combine two claims.

    Interpretationown data
    § 4.2 Justifications and contestations for professionals and laypersons · p. 14

    The interactions presented in Fig. 2 and Fig. 3 show that Algocate is useful both for users contesting the decisions of the ADS and for users who want to justify them.

    “The interactions presented in Fig. 2 and Fig. 3 show that Algocate is useful both for users contesting the decisions of the ADS (e.g. individuals affected by the decisions or professionals who are not sure about the suggestion of the ADS) and for users who want to justify them (usually the operator of the ADS).”
    Quote in the paperSubstantial claim
  • May combine two claims.

    Premisecitation
    § 3.2 Justifications and contestations must rely on norms · p. 5

    The need to provide ways to challenge an ADS is recognized by law but legal requirements are generally expressed as ill-defined rights to obtain explanations or human intervention.

    “The need to provide ways to challenge an ADS is recognized by law but legal requirements are generally expressed as ill-defined rights to obtain explanations or human intervention.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Recital 71 of the GDPR

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  • Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

    Interpretationnone given
    § 4 Operationalization of justifiability and contestability · p. 10

    Different types of justifications and different modes of contestation are appropriate depending on the level of expertise of the stakeholders and the nature of their involvement in the ADS.

    “Different types of justifications and different modes of contestation are appropriate depending on the level of expertise of the stakeholders and the nature of their involvement in the ADS.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable).

    Interpretationreasoning
    § 3.3 Eliciting applicable norms is, in itself, a sound discipline · p. 7

    The shift from facts to values is precisely the shift from explanations, which reflect the logic of the ADS, to justifications, which refer to external, debatable norms.

    “In a sense, this shift from facts to values is precisely the shift from explanations, which reflect the logic of the ADS, to justifications, which refer to external, debatable norms.”
    Quote in the paperNot a substantial claim
  • May combine two claims.

    Interpretationnone given
    § Beyond explainability: justifiability and contestability of Algorithmic Decision Systems · p. 1

    Explainability is useful but not sufficient to ensure the legitimacy of algorithmic decision systems.

    “In this paper, we point out that explainability is useful but not sufficient to ensure the legitimacy of algorithmic decision systems.”
    Quote in the paperNot a substantial claim
  • Classified as probably not a substantial claim.

    Interpretationreasoning
    § 4.2 Justifications and contestations for professionals and laypersons · p. 12

    The benefit of the protocol in such cases is that a party relying on a norm is compelled to elicit it and to submit it to the approval of the other party (or the human decision maker as a last resort).

    “The benefit of the protocol in such cases is that a party relying on a norm is compelled to elicit it and to submit it to the approval of the other party (or the human decision maker as a last resort).”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

    Interpretationcitation
    § 3.4 Justifications and contestations are essential parts of accountability · p. 7

    Justifications and contestations are essential parts of accountability.

    “3.4 Justifications and contestations are essential parts of accountability”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [12] Binns R (2018) Algorithmic accountability and public reason. Philos Technol 31:543–556 source

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  • Classified as probably not a substantial claim. May combine two claims.

    Interpretationreasoning
    § 2 Terminology · p. 3

    A user can understand the logic leading to a particular outcome without agreeing that the outcome is good; conversely, a user may want to contest an outcome without knowing or understanding the logic behind the algorithm.

    “a user can understand the logic leading to a particular outcome without agreeing on the fact that this outcome is good; vice versa, he/she may want to contest an outcome (being convinced that it is bad) without knowing or understanding the logic behind the algorithm.”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

    Interpretationreasoning
    § 4.2 Justifications and contestations for professionals and laypersons · p. 12

    The death limitation norm prioritizes people with high death risk, while the spread limitation norm prioritizes people with a high potential of spreading the virus.

    “The first one prioritizes people with high death risk (for instance the elderly and people with co-morbidities) while the second one prioritizes people with a high potential of spreading the virus (e.g. medical staff, teachers and professionals with many contacts).”
    Quote in the paperNot a substantial claim
  • May combine two claims.

    Interpretationreasoning
    § 4.2 Justifications and contestations for professionals and laypersons · p. 12

    Professionals and affected people have a different focus (more local than global) and require different modalities for justifications and contestations (more interactive and less demanding in terms of expertise).

    “Therefore, they have a different focus (more 'local' than 'global') and they require different modalities for justifications and contestations (more interactive and less demanding in terms of expertise).”
    Quote in the paperSubstantial claim
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    Interpretationreasoning
    § 4.1 Justifications and contestations for experts · p. 10

    These conditions are not met for most ADS relying on machine learning since their specifications can generally not be characterized by logical formulas and their performances are better assessed through statistical means.

    “These conditions are not met for most ADS relying on machine learning since their specifications can generally not be characterized by logical formulas 22 and their performances are better assessed through statistical means.”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

    Premisenone given
    § 4.2 Justifications and contestations for professionals and laypersons · p. 12

    The three norms in the vaccine allocation example have different sources of legitimacy (based on fairness or utilitarian considerations) and can be in tension.

    “These norms have different sources of legitimacy (based on fairness or utilitarian considerations) and can be in tension.”
    Quote in the paperNot a substantial claim
  • Classified as probably not a substantial claim. May combine two claims.

    Premisecitation
    § 3.3 Eliciting applicable norms is, in itself, a sound discipline · p. 7

    Fairness can be defined in many ways and some of these definitions are incompatible with one another and may be in tension with the accuracy objective.

    “fairness can be defined in many ways and some of these definitions are incompatible with one another and may be in tension with the accuracy objective.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [8] Berk R, Heidari H, Jabbari S, et al (2017) Fairness in criminal justice risk assessments: the state of the art. Sociol Methods Res. https://doi.org/10.1177/0049124118782533 source

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    Interpretationcitation
    § 3.2 Justifications and contestations must rely on norms · p. 6

    Explanations are not sufficient to justify or to contest decisions.

    “However, as argued in the previous section, explanations are not sufficient to justify or to contest decisions.”
    Quote in the paperSubstantial claim
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    Premisecitation
    § 4.2 Justifications and contestations for professionals and laypersons · p. 12

    Algocate includes three types of norms (rule, objective and reference).

    “Technically speaking, Algocate includes three types of norms (rule, objective and reference) [38].”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [38] Guidotti R, Monreale A, Ruggieri S et al (2018) A survey of methods for explaining black box models. ACM Comput Surv (CSUR) 51:93

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    Interpretationreasoning
    § 3.3 Eliciting applicable norms is, in itself, a sound discipline · p. 6

    The elicitation of norms justifying the outcomes of an ADS and their use in a particular context is a sound discipline to increase the chances that the ADS has a legitimate objective and is used in an appropriate way.

    “The elicitation of norms justifying the outcomes of an ADS and their use in a particular context is not only useful to enable contestability: it is also a sound discipline to increase the chances that the ADS has a legitimate objective and is used in an appropriate way.”
    Quote in the paperNot a substantial claim
    • Rests on an assumption: Critical assumptions about the ultimate goal of an ADS and the reasons to believe that it is well-suited to address them are often left implicit or unclear.
  • Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

    Premisenone given
    § 4.1 Justifications and contestations for experts · p. 11

    Contestations and justifications are dual.

    “As discussed in the previous section, contestations and justifications are dual.”
    Quote in the paperNot a substantial claim
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    Premisenone given
    § 4.2 Justifications and contestations for professionals and laypersons · p. 12

    Algocate does not take for granted that the legitimacy of a norm is accepted by all parties.

    “Algocate does not take for granted that the legitimacy of a norm is accepted by all parties.”
    Quote in the paperSubstantial claim
  • Classified as probably not a substantial claim. May combine two claims.

    Premisecitation
    § 4.1 Justifications and contestations for experts · p. 11

    Enumerating all possible outputs given all possible inputs may be computationally or logistically infeasible, and we may be unable to flag all undesirable outputs.

    “Enumerating all possible outputs given all possible inputs be computationally or logistically infeasible, and we may be unable to flag all undesirable outputs.'”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Doshi-Velez and Kim [28]

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    Interpretationreasoning
    § 3.6 When should justifiability and contestability be required ? · p. 8

    The GDPR conditions are too restrictive because they seem to exclude decisions taken on the basis of an ADS but not based only on it, and decisions that would not have a significant impact on individuals.

    “They are too restrictive for at least two reasons: they seem to exclude decisions taken on the basis of an ADS (but not 'based only' on it) and decisions that would not have a significant impact on individuals.”
    Quote in the paperSubstantial claim
    • Rests on an assumption: The first criterion to take into account for requiring justifiability and contestability is the potential impacts of the decisions on individuals and on society in general.
  • Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

    Interpretationreasoning
    § 3.6 When should justifiability and contestability be required ? · p. 9

    For ADS used by professionals, it is critical that the professional gets appropriate justifications and has means to contest the outcomes of the ADS.

    “In this context, it is critical that the professional gets appropriate justifications and has means to contest the outcomes of the ADS.”
    Quote in the paperNot a substantial claim
    • Rests on an assumption: Justifiability and contestability cannot be imposed on any ADS in any context.
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    Premisecitation
    § 4.1 Justifications and contestations for experts · p. 11

    The human may want to guard against certain kinds of discrimination, and their notion of fairness may be too abstract to be completely encoded into the system.

    “For example, as mentioned in [28], 'the human may want to guard against certain kinds of discrimination, and their notion of fairness may be too abstract to be completely encoded into the system'”
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    • cites [28] Danaher J (2016) The threat of algocracy: reality, resistance and accommodation. Philos Technol 29:245–268 source

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    Premisenone given
    § 4.2 Justifications and contestations for professionals and laypersons · p. 12

    Contestations can take different forms depending on the status of the disputed norm.

    “Contestations can take different forms depending on the status of the disputed norm (e.g. legal proceedings for a legal norm).”
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    Interpretationreasoning
    § 4.2 Justifications and contestations for professionals and laypersons · p. 12

    Even if death and spread limitations seem to support each other in the long term, they result in different vaccination strategies.

    “For example, even if death and spread limitations seem to support each other in the long term, they result in different vaccination strategies.”
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    Premisenone given
    § 4.2 Justifications and contestations for professionals and laypersons · p. 12

    Little work has been done so far to facilitate justifications and contestations for non experts.

    “However, little work has been done so far to facilitate justifications and contestations for non experts.”
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    Premisecitation
    § 4.2 Justifications and contestations for professionals and laypersons · p. 12

    Such allocation systems give rise to various ethical considerations.

    “Such allocation systems give rise to various ethical considerations [64].”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [64] Monahan J, Skeem J (2016) Risk assessment in criminal sentencing. Annu Rev Clin Psychol 12:489–513 source

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    Premisecitation
    § 3.3 Eliciting applicable norms is, in itself, a sound discipline · p. 6

    Risk-assessment tools emphasize one major justification at the detriment of the others: incapacitation.

    “Risk-assessment tools emphasize one major justification at the detriment of the others: incapacitation.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [23] Chetali B, Nguyen Q-H (2008) Industrial use of formal methods for a high-level security evaluation. In: Cuellar J, Maibaum T, Sere K (eds) FM 2008: formal methods. Springer, Berlin, pp 198–213 source

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    Interpretationreasoning
    § 6 Conclusion · p. 17

    The means presented in Section 4 and the mere elicitation of applicable norms can provide useful inputs to the deliberation about the legitimacy of the ADS but they should not overshadow the debate, which must involve subjective (political, philosophical, ethical) considerations.

    “The means presented in Section 4 (in particular, in Section 4.1) and the mere elicitation of applicable norms (as argued in Section 3.3) can provide useful inputs to the deliberation about the legitimacy of the ADS but they should obviously not overshadow the debate, which must involve subjective (political, philosophical, ethical) considerations.”
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    Premisecitation
    § 5 Related work · p. 15

    The need to conceive explanations as an interactive process has been argued by several authors [56, 58].

    “The need to conceive explanations as an interactive process has been argued by several authors [56, 58].”
    Quote in the paperNot a substantial claim0 of 2 sources checked
    • cites [56] Loi M, Ferrario A, Vigano E (2020) Transparency as design publicity: explaining and justifying inscrutable algorithms. Ethics Inf Technol. https://doi.org/10.1007/s10676-020-09564-w source

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    • cites [58] Malgieri G, Comandé G (2017) Why a right to legibility of automated decision-making exists in the general data protection regulation. Int Data Priv Law. https://doi.org/10.1093/idpl/ipx019 source

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    Premisecitation
    § 5 Related work · p. 15

    The interest for more interactions with humans in the design and exploitation phases of machine learning systems takes different forms.

    “The interest for more interactions with humans in the design and exploitation phases of machine learning systems takes different forms [1].”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [1] Abdul A, Vermeulen J, Wang D et al (2018) Trends and trajectories for explainable, accountable and intelligible systems: an HCI research agenda. Proceedings of the 2018 CHI conference on human factors in computing systems-CHI ’18. ACM Press, London, pp 1–18

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    Premisecitation
    § 5 Related work · p. 15

    A series of works [13, 15, 16, 55, 61, 69] refer to justifications as ways of ensuring that a decision is good (in contrast to understanding a decision), which is in line with the definition proposed in this paper.

    “However, a series of works [13, 15, 16, 55, 61, 69], refer to justifications as ways of ensuring that a decision is good (in contrast to understanding a decision), which is in line with the definition proposed in this paper.”
    Quote in the paperNot a substantial claim0 of 6 sources checked
    • cites [13] Biran O, Cotton C (2017) Explanation and justification in machine learning: A survey. In: IJCAI-17 Workshop on Explainable AI (XAI), p 8

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    • cites [15] Biran O, McKeown K (2017a) Human-centric justification of machine learning predictions. In: Proceedings of the Twenty-Sixth International Joint Conference on Artificial Intelligence, IJCAI-17, pp 1461–1467 source

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    • cites [16] Biran O, McKeown KR (2017b) Human-centric justification of machine learning predictions. In: IJCAI, pp 1461–1467 source

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    • cites [55] Liao B, Anderson M, Anderson SL (2020) Representation, justification, and explanation in a value-driven agent: an argumentation-based approach. AI Ethics. https://doi.org/10.1007/s43681-020-00001-8 source

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    • cites [61] Mitchell M, Wu S, Zaldivar A et al (2019) Model cards for model reporting. Proc Conf Fairness Account Transp. https://doi.org/10.1145/3287560.3287596 source

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    • cites [69] Persad G, Wertheimer A, Emanuel EJ (2009) Principles for allocation of scarce medical interventions. Lancet 373:423–431. https://doi.org/10.1016/S0140-6736(09)60137-9 source

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    Premisecitation
    § 4.2 Justifications and contestations for professionals and laypersons · p. 14

    Another project [41] acknowledges the need to provide mechanisms for users to challenge model predictions and states that doing so may require users to marshal evidence and create counter narrative that argue precisely why they disagree with a conclusion drawn by an AI system.

    “Another project going in the same direction is described in [41]: the paper acknowledges the need 'to provide mechanisms for users to challenge model predictions' and states that 'doing so may require users to marshal evidence and create counter narrative that argue precisely why they disagree with a conclusion drawn by an AI system.'”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [41] Henin C, Le Métayer D (2021a) A multi-layered approach for tailored black-box explanations. Pattern recognition. ICPR international workshops and challenges. Springer Verlag, Cham, p 12663

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    Premisecitation
    § 5 Related work · p. 15

    The need to provide appropriate justifications of judicial decisions has been analyzed by several authors [26, 29, 73].

    “The need to provide appropriate justifications of judicial decisions has also been analyzed by several authors [26, 29, 73] 24 .”
    Quote in the paperNot a substantial claim0 of 3 sources checked
    • cites [26] Cowls J, Floridi L (2018) Prolegomena to a white paper on an ethical framework for a good AI society. SSRN Electron J. https://doi.org/10.2139/ssrn.3198732 source

      Not checked in the free run.

    • cites [29] de Licht KF, de Licht JF (2020) Artificial intelligence, transparency, and public decision-making. AI Soc 35:917–926 source

      Not checked in the free run.

    • cites [73] Rouvroy A (2013) The end(s) of critique: data-behaviourism vs. due process. Privacy, due process and the computational turn. Philosophers of Law Meet Philosophers of Technology. Routledge, London

      Not checked in the free run.

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisecitation
    § 6 Conclusion · p. 17

    A good illustration of this approach is the Canadian Directive on Automated Decision-Making [35] which introduces four 'Impact Assessment Levels' associated with different 'Impact Level Requirements'.

    “A good illustration of this approach is the Canadian Directive on Automated Decision-Making [35] which introduces four 'Impact Assessment Levels' associated with different 'Impact Level Requirements'.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [35] Fredriksson M, Tritter J (2017) Disentangling patient and public involvement in healthcare decisions: why the difference matters. Sociol Health Illn 39(1):95–111 source

      Not checked in the free run.

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisenone given
    § 5 Related work · p. 15

    In this context, norms are made available to autonomous agents to make their decisions.

    “In this context, norms are made available to autonomous agents to make their decisions.”
    Quote in the paperNot a substantial claim
  • May combine two claims.

    Interpretationreasoning
    § 6 Conclusion · p. 17

    In this paper, we have also shown that justifiability and contestability are not illusory objectives: they can be operationalized in different ways for different types of recipients.

    “In this paper, we have also shown that justifiability and contestability are not illusory objectives: they can be operationalized in different ways for different types of recipients.”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

    Premisecitation
    § 5 Related work · p. 15

    In the area of administration, [63] concludes that the process of giving a proper justification for an administrative decision involves more than just transparency for the sake of transparency, and that it is an argumentative process that provides targeted information.

    “In the area of administration, [63] concludes that 'the process of giving a proper justification for an administrative decision involves more than just transparency for the sake of transparency. It is an argumentative process that provides targeted information.'”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [63] Mohseni S, Zarei N, Ragan ED (2020) A multidisciplinary survey and framework for design and evaluation of explainable AI systems. ACM Trans Interact Intell Syst 1:1

      Not checked in the free run.

  • Probably not a substantial claim: may not pass S2 (checkable).

    Interpretationreasoning
    § 6 Conclusion · p. 17

    The role of the technical means presented here is to support an overall combination of legal, political and organizational framework to enhance the legitimacy of ADS.

    “The role of the technical means presented here is to support an overall combination of legal, political and organizational framework to enhance the legitimacy of ADS.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisecitation
    § 4.2 Justifications and contestations for professionals and laypersons · p. 14

    The project described in [41] does not describe precise mechanisms to support this type of contestation.

    “However, it does not describe precise mechanisms to support this type of contestation.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [41] Henin C, Le Métayer D (2021a) A multi-layered approach for tailored black-box explanations. Pattern recognition. ICPR international workshops and challenges. Springer Verlag, Cham, p 12663

      Not checked in the free run.

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisecitation
    § 5 Related work · p. 16

    The advantages of justifications over explanations to enhance trust in ADS has been analyzed by Karl de Fine Licht and Jenny de Fine Licht [32] who argue that a limited form of transparency that focuses on providing justifications for decisions has the potential to provide sufficient grounds for perceived legitimacy in AI decision-making.

    “The advantages of justifications over explanations (in the sense used in this paper) to enhance trust in ADS has also been analyzed by Karl de Fine Licht and Jenny de Fine Licht [32] who argue that 'a limited form of transparency that focuses on providing justifications for decisions has the potential to provide sufficient grounds for perceived legitimacy in AI decision-making.'”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [32] European Commission (2020) Proposal for a regulation of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC.

      Not checked in the free run.

  • Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing). May combine two claims.

    Premisecitation
    § 6 Conclusion · p. 16

    AI and ADS can bring great benefits to society but there is strong risk of public backlash if ethical issues are not considered seriously.

    “AI and ADS can bring great benefits to society but there is strong risk of public backlash if ethical issues are not considered seriously [10, 21, 32, 62] 25 .”
    Quote in the paperNot a substantial claim0 of 4 sources checked
    • cites [10] BEUC The European Consumer Organization (2019) Artificial Intelligence: what consumers say. Findings and policy recommendations of a multi-country survey on AI. https://www.beuc.eu/publications/beuc-x-2020-078_artificial_intelligence_what_consumers_say_report.pdf

      Not checked in the free run.

    • cites [21] Castelluccia C, Le Métayer D (2020) Position paper: analyzing the impacts of facial recognition. In: Antunes L, Naldi M, Italiano GF et al (eds) Privacy technologies and policy. 8th Annual Privacy Forum, APF 2020. Springer International Publishing, Cham, pp 43–57

      Not checked in the free run.

    • cites [32] European Commission (2020) Proposal for a regulation of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC.

      Not checked in the free run.

    • cites [62] Mittelstadt B, Russell C, Wachter S (2018) Explaining explanations in AI. Proc Conf Fairness Account Transp. https://doi.org/10.1145/3287560.3287574 source

      Not checked in the free run.

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisecitation
    § 5 Related work · p. 15

    The framework introduced in [51] relies on norms (called 'principles') inferred from ethical judgments using inductive logic programming.

    “For example, the framework introduced in [51] relies on norms (called 'principles') inferred from ethical judgments using inductive logic programming.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [51] Langley P (2019) Explainable, normative, and justified agency. Proc AAAI Conf Artif Intell 33:9775–9779. https://doi.org/10.1609/aaai.v33i01.33019775 source

      Not checked in the free run.

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisecitation
    § 5 Related work · p. 16

    The notion of 'design transparency' proposed by Michele Loi and his co-authors [52] is close to what the paper described as 'justifications for experts' in Section 4.1.

    “As far as operationalization is concerned, the notion of 'design transparency' proposed by Michele Loi and his co-authors [52] is close to what we described as 'justifications for experts' in Section 4.1.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [52] Laugel T, Lesot M-J, Marsala C, et al (2019) The dangers of post-hoc interpretability: unjustified counterfactual explanations. In: Proceedings of the 28th International Joint Conference on Artificial Intelligence (IJCAI-19). https://www.ijcai.org/proceedings/2019/0388.pdf source

      Not checked in the free run.

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisecitation
    § 6 Conclusion · p. 16

    The proposal for a regulation 'on a Single Market For Digital Services (Digital Services Act)' [30] published by the European Commission in December 2020 also emphasises the ability for users of online platforms to contest decisions.

    “In this regard, it is worth noting that the proposal for a regulation 'on a Single Market For Digital Services (Digital Services Act)' [30] published by the European Commission in December 2020 also emphasises the ability for users of online platforms to contest decisions.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [30] Doshi-Velez F, Kim B (2017) Towards a rigorous science of interpretable machine learning. https://arxiv.org/abs/1702.08608

      Not checked in the free run.

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisecitation
    § 5 Related work · p. 15

    A lot of work has been done on argumentation and dialog games, but the focus in these areas is generally the logical structure of the framework to express and to relate arguments or the protocol to exchange arguments.

    “A lot of work has also been done on argumentation and dialog games [6, 11, 51, 53] but the focus in these areas is generally the logical structure of the framework to express and to relate arguments or the protocol to exchange arguments.”
    Quote in the paperNot a substantial claim0 of 4 sources checked
    • cites [6] Atkinson K, Baroni P, Giacomin M et al (2017) Towards artificial argumentation. AI Mag 38:25–36. https://doi.org/10.1609/aimag.v38i3.2704 source

      Not checked in the free run.

    • cites [11] Bex F, Walton D (2011) Combining explanation and argumentation in dialogue. Argum Comput 7:55–68 source

      Not checked in the free run.

    • cites [51] Langley P (2019) Explainable, normative, and justified agency. Proc AAAI Conf Artif Intell 33:9775–9779. https://doi.org/10.1609/aaai.v33i01.33019775 source

      Not checked in the free run.

    • cites [53] Lei T, Barzilay R, Jaakkola T (2016) Rationalizing neural predictions. In: Proceedings of the 2016 Conference on Empirical Methods in Natural Language Processing. Association for Computational Linguistics, pp 107–117 source

      Not checked in the free run.

  • Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

    Premisenone given
    § 5 Related work · p. 15

    The term 'justification' is sometimes used in the field of autonomous agents to refer to motivations to perform a specific action.

    “The term 'justification' is sometimes used in the field of autonomous agents to refer to motivations to perform a specific action.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisecitation
    § 5 Related work · p. 15

    The 'human-in-the-loop' approach leverages on human feedback during the training process to obtain more accurate classifiers.

    “The 'human-in-the-loop' approach leverages on human feedback during the training process to obtain more accurate classifiers [46].”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [46] Irving G, Christiano P, Amodei D (2018) AI safety via debate. https://arxiv.org/abs/1805.00899

      Not checked in the free run.

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisecitation
    § 5 Related work · p. 15

    The work in [43] relies on 'debates' between two competing algorithms exchanging arguments and counterarguments to convince a human user that their classification is correct.

    “Closer to the notion of justification, [43] relies on 'debates' between two competing algorithms exchanging arguments and counterarguments to convince a human user that their classification is correct.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [43] Hildebrandt M (2019) Privacy as protection of the incomputable self: from agnostic to agonistic machine learning. Theor Inq Law 20:83–122 source

      Not checked in the free run.

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisecitation
    § 5 Related work · p. 15

    The limitations of transparency (seen as 'looking inside the black box') for accountability has already been argued in [4].

    “The limitations of transparency (seen as 'looking inside the black box') for accountability has already been argued in [4].”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [4] Ananny M, Crawford K (2018) Seeing without knowing: limitations of the transparency ideal and its application to algorithmic accountability. New Media Soc 20:973–989. https://doi.org/10.1177/1461444816676645 source

      Not checked in the free run.

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisecitation
    § 5 Related work · p. 15

    In the field of explainable AI, the distinction between explanations and justifications is sometimes blurred.

    “In the field of explainable AI, the distinction between explanations and justifications is sometimes blurred.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable).

    Interpretationreasoning
    § 6 Conclusion · p. 16

    In this paper, we have argued that justifiability and contestability are key conditions to ensure the legitimacy of ADS that can have a significant impact on individuals' lives or on society in general.

    “In this paper, we have argued that justifiability and contestability are key conditions to ensure the legitimacy of ADS that can have a significant impact on individuals' lives or on society in general.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing). May combine two claims.

    Premisecitation
    § 6 Conclusion · p. 16

    Ethical regulation of the design and use of AI is a complex but necessary task; the alternative may lead to devaluation of individual rights and social values, rejection of AI-based innovation, and ultimately a missed opportunity to use AI to improve individual well-being and social welfare.

    “As firmly asserted by Mariarosaria Taddeo and Luciano Floridi [70], 'Ethical regulation of the design and use of AI is a complex but necessary task. The alternative may lead to devaluation of individual rights and social values, rejection of AI-based innovation, and ultimately a missed opportunity to use AI to improve individual well-being and social welfare.'”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [70] Peter F (2017) Political legitimacy. In: Zalta EN (ed) The stanford encyclopedia of philosophy. Springer, Berlin

      Not checked in the free run.

  • Classified as probably not a substantial claim.

    Premisereasoning
    § 4.2 Justifications and contestations for professionals and laypersons · p. 14

    Algocate is neutral, in the sense that it is designed to find the best arguments for both parties.

    “Algocate is neutral, in the sense that it is designed to find the best arguments (i.e. statements with evidence supporting them) for both parties.”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing), S4 (based).

    Interpretationreasoning
    § 5 Related work · p. 15

    It is appropriate to present justifications as a type of explanation in this setting since norms are internalised in agents.

    “It is worth noting that it is appropriate to present justifications as a type of explanation in this setting since norms are in internalised in agents.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable).

    Interpretationreasoning
    § 4.2 Justifications and contestations for professionals and laypersons · p. 14

    This neutrality is of prime importance, given the usual imbalance of powers between individuals who are affected by the decisions and the designers or operators of the ADS.

    “This neutrality is of prime importance, given the usual imbalance of powers between individuals who are affected by the decisions and the designers or operators of the ADS.”
    Quote in the paperNot a substantial claim
    • Rests on an assumption: There is a usual imbalance of powers between individuals who are affected by the decisions and the designers or operators of the ADS.
  • Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

    Premisecitation
    § 5 Related work · p. 15

    The goal of the work in [43] is to 'align an agent's actions with the values and preferences of humans' which is seen as a 'training-time problem'.

    “However, the goal of this work is to 'align an agent's actions with the values and preferences of humans' which is seen as a 'training-time problem'.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [43] Hildebrandt M (2019) Privacy as protection of the incomputable self: from agnostic to agonistic machine learning. Theor Inq Law 20:83–122 source

      Not checked in the free run.

  • Classified as probably not a substantial claim.

    Premisecitation
    § 4.2 Justifications and contestations for professionals and laypersons · p. 14

    Giving absolute primacy to either the decision-maker or the decision-subject would render algorithmic accountability too one-sided, allowing one party to hold the other to standards that they could not reasonably accept.

    “As stated by Reuben Binns [12], 'Giving absolute primacy to either the decisionmaker or the decision-subject would render algorithmic accountability too onesided, allowing one party to hold the other to standards that they could not reasonably accept.'”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Binns [12] Binns R (2018) Algorithmic accountability and public reason. Philos Technol 31:543–556 source

      Not checked in the free run.

  • Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing), S4 (based).

    Premisenone given
    § 5 Related work · p. 15

    A value-driven agent refers to an ethical preference ordering of the actions before making any decision.

    “In a nutshell, a valuedriven agent refers to an ethical preference ordering of the actions before making any decision.”
    Quote in the paperNot a substantial claim
  • Classified as probably not a substantial claim.

    Interpretationcitation
    § 6 Conclusion · p. 17

    Even though the Canadian Directive applies only to administrative decisions of the federal government, it shows the way to the integration of algorithmic impact assessment into the development cycle of all critical ADS.

    “Even though it applies only to administrative decisions of the federal government, it shows the way to the integration of algorithmic impact assessment into the development cycle of all critical ADS.”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

    Premisecitation
    § 6 Conclusion · p. 17

    The recent recommendations of the European Parliament [31] point in the same direction, considering that the determination of whether AI, robotics and related technologies should be considered high-risk, and thus subject to mandatory compliance with legal obligations and ethical principles, should always follow from an impartial, regulated and external ex-ante assessment based on concrete and defi

    “In Europe, the recent recommendations of the European Parliament [31] points in the same direction, considering 'that the determination of whether artificial intelligence, robotics and related technologies should be considered high-risk, and thus subject to mandatory compliance with legal obligations and ethical principles as set out in the regulatory framework for AI, should always follow from an”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [31] Doshi-Velez F, Kortz M, Budish R, et al (2019) Accountability of AI under the law: the role of explanation. https://arxiv.org/ftp/arxiv/papers/1711/1711.01134.pdf

      Not checked in the free run.

69 of 69
  • The paper relies on this without support.

    The terms 'transparency', 'explanation' and 'justification' are frequently used without precise definition, sometimes interchangeably, sometimes with different meanings.

    “For example, the terms 'transparency', 'explanation' and 'justification' are frequently used without precise definition, sometimes interchangeably, sometimes with different meanings.”
  • The paper relies on this without support.

    The integration of technical results within a responsible approach for the development and deployment of ADS is rarely discussed.

    “However, the integration of these technical results within a responsible approach for the development and deployment of ADS is rarely discussed.”
  • The paper relies on this without support.

    Critical assumptions about the ultimate goal of an ADS and the reasons to believe that it is well-suited to address them are often left implicit or unclear.

    “In practice, critical assumptions about the ultimate goal of an ADS and the reasons to believe that it is well-suited to address them, are often left implicit or unclear.”
  • The paper relies on this without support.

    Justifiability and contestability cannot be imposed on any ADS in any context.

    “It should be clear, however, that justifiability and contestability cannot be imposed to any ADS in any context.”
  • The paper relies on this without support.

    The first criterion to take into account for requiring justifiability and contestability is the potential impacts of the decisions on individuals and on society in general.

    “The first criterion to take into account is the potential impacts of the decisions on individuals and on society in general.”
  • The paper relies on this without support.

    Norms can be hierarchical.

    “Norms can be hierarchical.”
  • The paper relies on this without support.

    There is a usual imbalance of powers between individuals who are affected by the decisions and the designers or operators of the ADS.

    “This neutrality is of prime importance, given the usual imbalance of powers between individuals who are affected by the decisions and the designers or operators of the ADS.”
7 of 7

Claims other papers make about this one

Each is checked against this paper’s own text: does it say what the citing paper says it does?

  • The field of contestable AI is still growing and many guidelines on how to design for contestability are conceptual in nature.

    “The feld of contestable AI is still growing [3] and many of the guidelines on how to design for contestability are conceptual in nature [3,44,67].”

    From Disentangling Fairness Perceptions in Algorithmic Decision-Making: the Effects of Explanations, Human Oversight, and Contestability (2023) · cites this paper as [44]

    Section 4.2 (p. 14) says another contestability project calls for ways to challenge AI decisions but does not describe precise mechanisms; section 3.2 (p. 5) calls legal requirements for challenging decisions ill-defined. These support the concern that some guidance remains conceptual, but the paper does not establish that many design guidelines are conceptual or explicitly characterize the field as still growing. (LLM, conf=0.78)

    Experimental — accuracy not yet measured

Cites

Flagged first, then by citations

Research works printed but not linked: 9

  1. Bernstein S (2005) Legitimacy in global environmental governance. Int J Compar Lab Law Ind Relat 1:139–166
  2. Biran O, Cotton C (2017) Explanation and justification in machine learning: A survey. In: IJCAI-17 Workshop on Explainable AI (XAI), p 8
  3. Biran O, McKeown KR (2014) Justification narratives for individual classifications. In: ICML
  4. Biran O, McKeown KR (2017b) Human-centric justification of machine learning predictions. In: IJCAI, pp 1461–1467 · DOI · Paper page
  5. Christin A, Rosenblat A, Boyd D (2015) Courts and Predictive Algorithms. Primer for the data and civil rights conference: a new era of policing and justice. Springer, Cham
  6. Crawford K, Schultz J (2014) Big data and due process: toward a framework to redress predictive privacy harms. Boston Coll Law Rev 55:93
  7. Miller T, Howe P, Sonenberg L (2017) Explainable AI: beware of inmates running the asylum. In: IJCAI-17 Workshop on Explainable AI (XAI)
  8. Rouvroy A (2015) A few thoughts in preparation for the discrimination and big data conference organized by constant at the CPDP. https://www.academia.edu/10177775/A_few_thoughts_in_preparation_for_the_Discrimination_and_Big_Data_conference_organized_by_Constant_at_the_CPDP_Brussels_22_january_2015_paper_video_
  9. Waldman AE (2019) Power, process, and automated decision-making. Fordham Law Rev 88:613

Cited by

Sorted by citations

Authors
Henin, C., & Le Métayer, D.
Affiliations
Institut national de recherche en sciences et technologies du numérique (FR)
Corresponding author
Henin, Clément
Venue
AI & SOCIETY
Published
2021-07-30
Volume
37
Issue
4
Pages
1397-1410
ISSN
  • 0951-5666 (ISSN-L)
  • 1435-5655
OpenAlex
W3173027639
Cited by
71
References
67
Citations by year
2026: 20 · 2025: 17 · 2024: 18 · 2023: 11 · 2022: 5
FWCI
2.86
Type
journal article
Language
en
Open access
Locations
  • AI & Society (publishedVersion)
  • HAL (submittedVersion, other-oa)
Topics
  • Physical Sciences › Computer Science › Artificial Intelligence › Explainable Artificial Intelligence (XAI)
  • Social Sciences › Safety Research › Ethics and Social Impacts of AI
  • Social Sciences › Law › Digitalization, Law, and Regulation
Keywords
automated decision systems, explainability, justifiability, contestability, legitimacy, contestation

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