نوع مقاله : مقاله پژوهشی
نویسنده
دکتری حقوق بین الملل عمومی و دانش آموخته دانشکده حقوق و علوم سیاسی دانشگاه تهران- پست داک دانشگاه تهران
10.22081/phlq.2025.72023.1124
چکیده
Abstract: The traditional edifice of international human rights law, conceived in aftermath of monumental human suffering, is predominantly a reactive structure, designed to protect, redress, and punish after violations occur. Yet, the breathtaking ascent of predictive analytics and sophisticated artificial intelligence (AI) is fundamentally altering our relationship with causality, agency, and the future. This article posits the urgent necessity of a nascent philosophical framework: "Pre-emptive Human Rights." It argues that the burgeoning capacity for algorithmic foreknowledge—the ability to statistically predict individual behaviors, societal trends, and future harms—demands a radical re-evaluation of state obligations, moving beyond reactive duties to encompass a proactive, yet ethically fraught, imperative to anticipate and mitigate human rights infringements before they materialize. While acknowledging the profound potential for novel forms of oppression and the erosion of autonomy, this philosophy seeks to delineate the parameters for leveraging predictive insights responsibly, urging the international community to construct an unforeseen architecture of rights for an increasingly foreseen world.Abstract: The traditional edifice of international human rights law, conceived in aftermath of monumental human suffering, is predominantly a reactive structure, designed to protect, redress, and punish after violations occur. Yet, the breathtaking ascent of predictive analytics and sophisticated artificial intelligence (AI) is fundamentally altering our relationship with causality, agency, and the future. This article posits the urgent necessity of a nascent philosophical framework: "Pre-emptive Human Rights." It argues that the burgeoning capacity for algorithmic foreknowledge—the ability to statistically predict individual behaviors, societal trends, and future harms—demands a radical re-evaluation of state obligations, moving beyond reactive duties to encompass a proactive, yet ethically fraught, imperative to anticipate and mitigate human rights infringements before they materialize. While acknowledging the profound potential for novel forms of oppression and the erosion of autonomy, this philosophy seeks to delineate the parameters for leveraging predictive insights responsibly, urging
کلیدواژهها
عنوان مقاله [English]
The Unforeseen Architecture: A New Philosophy of Pre-emptive Human Rights in the Algorithmic Age
نویسنده [English]
Graduate of university of Tehran
چکیده [English]
Abstract: The traditional edifice of international human rights law, conceived in aftermath of monumental human suffering, is predominantly a reactive structure, designed to protect, redress, and punish after violations occur. Yet, the breathtaking ascent of predictive analytics and sophisticated artificial intelligence (AI) is fundamentally altering our relationship with causality, agency, and the future. This article posits the urgent necessity of a nascent philosophical framework: "Pre-emptive Human Rights." It argues that the burgeoning capacity for algorithmic foreknowledge—the ability to statistically predict individual behaviors, societal trends, and future harms—demands a radical re-evaluation of state obligations, moving beyond reactive duties to encompass a proactive, yet ethically fraught, imperative to anticipate and mitigate human rights infringements before they materialize. While acknowledging the profound potential for novel forms of oppression and the erosion of autonomy, this philosophy seeks to delineate the parameters for leveraging predictive insights responsibly, urging the international community to construct an unforeseen architecture of rights for an increasingly foreseen world.Abstract: The traditional edifice of international human rights law, conceived in aftermath of monumental human suffering, is predominantly a reactive structure, designed to protect, redress, and punish after violations occur. Yet, the breathtaking ascent of predictive analytics and sophisticated artificial intelligence (AI) is fundamentally altering our relationship with causality, agency, and the future. This article posits the urgent necessity of a nascent philosophical framework: "Pre-emptive Human Rights." It argues that the burgeoning capacity for algorithmic foreknowledge—the ability to statistically predict individual behaviors, societal trends, and future harms—demands a radical re-evaluation of state obligations, moving beyond reactive duties to encompass a proactive, yet ethically fraught, imperative to anticipate and mitigate human rights infringements before they materialize. While acknowledging the profound potential for novel forms of oppression and the erosion of autonomy, this philosophy seeks to delineate the parameters for leveraging predictive insights responsibly, urging
کلیدواژهها [English]
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Keywords: Pre-emptive Human Rights
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Algorithmic Foreknowledge
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Artificial Intelligence
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Predictive Analytics
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Human Dignity
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Autonomy
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Bias
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International Human Rights Law
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Data Ethics
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Digital Rights
)