The necessity of judgment

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CURMUDGEON CORNER

The necessity of judgment Jeff Malpas1 Received: 15 July 2020 / Accepted: 16 July 2020 © Springer-Verlag London Ltd., part of Springer Nature 2020

In 2016, the Australian Government launched an automated debt recovery system through Centrelink—its Department of Human Services. The system, which came to be known as ‘Robodebt’, matched the tax records of welfare recipients with their declared incomes as held by Ethe Department and then sent out debt notices to recipients demanding payment. The entire system was computerized, and many of those receiving debt notices complained that the demands for repayment they received were false or inaccurate as well as unreasonable—all the more so given that those being targeted were, almost by definition, those in already vulnerable circumstances. The system provoked enormous public outrage, was subjected to successful legal challenge, and after being declared unlawful, the Government paid back all of the payments that had been received, and eventually, after much prompting, issued an apology. The Robodebt affair is characteristic of a more general tendency to shift to systems of automated decision-making across both the public and the private sector and to do so even when those systems are flawed and known to be so. On the face of it, this shift is driven by the belief that automated systems have the capacity to deliver greater efficiencies and economies—in the Robodebt case, to reduce costs by recouping and reducing social welfare payments. In fact, the shift is characteristic of a particular alliance between digital technology and a certain form of contemporary bureaucratised capitalism. In the case of the automated systems we see in governmental and corporate contexts—and in many large organisations—automation is a result both of the desire on the part of software, IT, and consultancy firms to increase their customer base as well as expand the scope of their products and sales, and of the desire on the part of governments and organisations to increase control at the same time as they reduce their reliance on human

* Jeff Malpas [email protected] 1



Emeritus Distinguished Professor, University of Tasmania, Hobart, Australia

judgment and capacity. The fact is, such systems seldom deliver the efficiencies or economies they are assumed to bring, and they also give rise to significant additional costs in terms of their broader impact and consequences, but the imperatives of sales and seemingly increased control (as well as an irrational belief in the benefits of technological solutions) over-ride any other consideration. The turn towards automated systems like Robodebt is, as is now widely recognised, a common feature of contemporary society. To look to a completely different domain, new military technologies are being developed to provide drone weapon systems with the capacity to identify potential threats and defend themselves against them. The development is spawning a whole new field of military ethics-based entirely around the putative ‘right to