Personal Autonomy in the Information Technology Law in Ukrainian Implementation of the autonomy of will in legal relations through information technologies leads to the origination of new forms of individuality and interests, in particular, the artificial ones outside of the established approaches to Modern information technologies offer new opportunities for the exercise and protection of human rights and for cryptographic security of human privacy, but they also may become the tools used to commit offenses. Automatic decision-making simplifies legal procedures, but unfair algorithms impose inequality, exclusion and oppression. The purpose of this article is to explore the concept of personal autonomy in IT- law and to make a forecast of its prospects, to describe the existing and necessary legal guarantees of individual self-control in the digital age.
The Concept of Autonomy In the western tradition, the view that individual autonomy is a basic moral and political value is very much a modern development. For historical discussions of autonomy, see SchneewindLindleyPart I. As such, it bears the weight of the controversies that this legacy has attracted.
The idea that moral principles and obligations, as well as the legitimacy of political authority, should be grounded in the self-governing individual, considered apart from various contingencies of place, culture, and social relations, invites skeptics from several quarters.
Autonomy, then, is very much at the vortex of the complex re consideration of modernity. Autonomy in this sense seems an irrefutable value, especially since its opposite — being guided by forces external to the self and which one cannot authentically embrace — seems to mark the height of oppression.
But specifying more precisely the conditions of autonomy inevitably sparks controversy and invites skepticism about the claim that autonomy is an unqualified value for all individuals.
Autonomy plays various roles in theoretical accounts of persons, conceptions of moral obligation and responsibility, the justification of social policies and in numerous aspects of political theory.
It forms the core of the Kantian conception of practical reason see, e. It is also seen as the aspect of persons that prevents or ought to prevent paternalistic interventions in their lives Dworkin— It plays a role in education theory and policy, on some views specifying the core goal of liberal education generally GutmannCuypers and Haji ; for discussion, see Brighouse65— Personal or individual autonomy should also be distinguished from freedom, although again, there are many renderings of these concepts, and certainly some conceptions of positive freedom will be equivalent to what is often meant by autonomy Berlin— Autonomy concerns the independence and authenticity of the desires values, emotions, etc.
Some distinguish autonomy from freedom by insisting that freedom concerns particular acts while autonomy is a more global notion, referring to states of a person Dworkin13—15, 19— But autonomy can be used to refer both to the global condition autonomous personhood and as a more local notion autonomous relative to a particular trait, motive, value, or social condition.
Addicted smokers for example are autonomous persons in a general sense but for some helplessly unable to control their behavior regarding this one activity Christman13— In addition, we must keep separate the idea of basic autonomy, the minimal status of being responsible, independent and able to speak for oneself, from ideal autonomy, an achievement that serves as a goal to which we might aspire and according to which a person is maximally authentic and free of manipulative, self-distorting influences.
Any plausible conceptualization of basic autonomy must, among other things, imply that most adults who are not suffering from debilitating pathologies or are under oppressive and constricting conditions count as autonomous.
Autonomy as an ideal, on the other hand, may well be enjoyed by very few if any individuals, for it functions as a goal to be attained. The reason to construe basic autonomy broadly enough to include most adults is that autonomy connects with other status designators which apply or, it is claimed, should apply in this sweeping manner.
Autonomy is connected, for example, to moral and legal responsibility, on some views e. Lacking autonomy, as young children do, is a condition which allows or invites sympathy, care, paternalism and possibly pity.
One might argue that central to all of these uses is a conception of the person able to act, reflect, and choose on the basis of factors that are somehow her own authentic in some sense. The idea of self-rule contains two components: However, the ability to rule oneself will lie at the core of the concept, since a full account of that capability will surely entail the freedom from external manipulation characteristic of independence.
Indeed, it could be claimed that independence per se has no fixed meaning or necessary connection with self-government unless we know what kinds of independence is required for self-rule cf. Focusing, then, on the requirements of self rule, it can be claimed that to govern oneself one must be in a position to act competently based on desires values, conditions, etc.
This picks out the two families of conditions often proffered in conceptions of autonomy: Competency includes various capacities for rational thought, self-control, and freedom from debilitating pathologies, systematic self-deception, and so on.
Different accounts include different conditions: YoungHaworthMeyers The most influential models of authenticity in this vein claim that autonomy requires second-order identification with first order desires.
For Frankfurt, for instance, such second-order desires must actually have the structure of a volition: Either one identifies with an aspect of oneself in the sense of simply acknowledging it without judgment or one identifies with a desire in an aspirational, approving sense of that term.
But approving of a trait is also problematic as a requirement of autonomy, for there are many perfectly authentic aspects of myself ones for which I can and should be held fully responsible for example which I do not fully approve of.
WatsonBerofsky99— However, the view includes no stipulations about the content of the desires, values, and so on, in virtue of which one is considered autonomous, specifically there is no requirement that one act from desires independently of others.
Some writers have insisted that the autonomous person must enjoy substantive independence as well as procedural independence e. The motivation for such a position is that autonomy should not be understood as consistent with certain constrained life situations no matter how the person came to choose such a situation cf.
This claim, however, threatens to rob the attribution of autonomy of any claim to value neutrality it may otherwise carry, for if, conceptually, one is not autonomous when one freely, rationally, without manipulation chooses to enter conditions of severely limited choice, then the concept is reserved to only those lifestyles and value pursuits that are seen as acceptable from a particular political or theoretical point of view.
I will return to this line of thought in a moment.
One variation on the internal self-reflection model focuses on the importance of the personal history of the agent as an element of her autonomy ChristmanMele ; cf.Essay portfolios and dissertations submitted for the Associate and Fellowship Awards of the International Society for Philosophers.
Essay Four Personal Autonomy and Individual Moral Growth. back. Stuart Hopkins: Associate Award Essay Three Personal Identity and Psychological Reductionism. pathways (essays) Kenneth Head.
Personal autonomy and individual moral growth. The term 'autonomy', from the Greek roots 'autos' and 'nomos' [self + law] refers to .
Expressive individualism makes a supreme idol of personal autonomy and free choice, unfettered by any and all moral or social or authoritative constraints. Individual liberation and self-fulfillment are the central themes of expressive individualism. Personal Growth.
Goal Setting of living together and shared activity is different from kinship because companionship is voluntary and preserves individual autonomy, whereas kinship is the.
The ethical principle of autonomy claims that individuals ought to be permitted personal liberty to determine their own actions according to plans that they have chosen (Beauchamp & Childress, ).
Preference utilitarianism is also concerned to maximize the autonomous individual’s choice. Personal Autonomy and Individual Moral Growth Essay examples - Personal Autonomy and Individual Moral Growth The term 'autonomy', from the Greek roots 'autos' and 'nomos' [self + law] refers to the right or capacity of individuals to govern themselves.