Max Velthoven emphasizes the relevance of Popperian epistemology in bridging the gap between legal practice and philosophical understanding in law.
The podcast discusses a case illustrating the tension between the letter and spirit of the law, highlighting ethical implications in legal interpretations.
Velthoven warns against uncritical reliance on AI in legal contexts, advocating for a philosophical approach to address ethical challenges.
Deep dives
Introduction to Popperian Epistemology in Law
Max Velthoven discusses the unique application of Popperian epistemology to the field of law, particularly tax law, highlighting his journey from legal practice to academic research. Initially uninterested in philosophy, he discovered the significant implications of Popper's work on legal science through the critique of existing methodologies. His engagement in legal science enabled him to bridge the gap between traditional legal practice and the philosophical underpinnings that inform how laws can be improved. Ultimately, he aims to advance the dialogue surrounding legal practices by enhancing the critical rationalism proposed by Popper within legal frameworks.
The Spirit vs. Letter of the Law
The distinction between the letter of the law and the spirit of the law is explored through a notable case involving two individuals who manipulate legal marriage to avoid real estate transfer tax. Although they technically complied with the letter of the law, their actions revealed a clear disregard for its intended purpose, leading to a court ruling that deemed their marriage an 'abuse of law.' This case exemplifies the complexities surrounding legal interpretations where adhering strictly to legal language might lead to unethical outcomes. The discussion underscores the importance of understanding both the explicit text and the broader ethical implications of laws to achieve true justice.
Exploiting Legal Loopholes
The podcast further examines the ethics of exploiting legal loopholes, illustrated by the notorious example of a wealthy Australian businessman who minimized tax obligations through aggressive legal strategies. While legal and acceptable, such actions pose questions about the morality and spirit of the law, raising the debate on whether exploiting loopholes constitutes manipulation or strategic planning. The speaker raises the issue of intent behind tax minimization and challenges listeners to reflect on the implications of allowing loopholes to persist within the legal system. This prompts a broader discussion about the responsibility of lawmakers to close obvious gaps in legislation and hold individuals accountable for ethical misinterpretations.
Popperian Epistemology and Policy-Making
Velthoven connects Popperian epistemology to effective policy-making in legal science by emphasizing the importance of recognizing unintended consequences arising from legislative measures. He asserts that instead of solely gathering confirmation of a law's effectiveness, policymakers should critically engage in dialogues that highlight potential flaws and consequences in proposed laws. This form of self-correction, derived from best practices in natural sciences, fosters a dynamic legal environment where laws can evolve and improve over time. By focusing on creative solutions and critical evaluations, legal professionals can contribute to legislation that better serves societal interests.
Artificial Intelligence and Legal Frameworks
The conversation shifts to the intersection of artificial intelligence (AI) and legal frameworks, particularly the potential pitfalls of bureaucratic reliance on automated systems without a philosophical understanding of their implications. Velthoven and his colleague contend that AI lacks the capacity to predict human intentions and behaviors, leading to ethical dilemmas when used for surveillance and decision-making in legal contexts. They caution against conflating data-driven solutions with genuine understanding, advocating for a greater integration of philosophical inquiry into AI developments. This reflects a broader consideration of how legal systems can responsibly incorporate technological advancements while maintaining a commitment to ethical standards.
Max is a tax lawyer who is applying Popperian epistemology to legal science and issues in AI. Links to some more of his work, and the slides to accompany part of this video are below. Slides for Max's talk(s):
Max’s journal article on AI with Eric Marcus (in NLFiscaal TaxTech): NLFiscaal | Problems in AI, their roots in philosophy, and implications for science and society:
