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  <front>
    <journal-meta />
    <article-meta>
      <title-group>
        <article-title>Oversight of Algorithmic Decision-Making</article-title>
      </title-group>
      <contrib-group>
        <contrib contrib-type="author">
          <string-name>Teresa Scantamburlo</string-name>
          <email>teresa.scantamburlo@unive.it</email>
          <xref ref-type="aff" rid="aff0">0</xref>
          <xref ref-type="aff" rid="aff1">1</xref>
        </contrib>
        <contrib contrib-type="author">
          <string-name>Silvia Crafa</string-name>
          <email>crafa@math.unipd.it</email>
          <xref ref-type="aff" rid="aff2">2</xref>
        </contrib>
        <contrib contrib-type="author">
          <string-name>Giovanni Grandi</string-name>
          <email>giovanni.grandi@units.it</email>
          <xref ref-type="aff" rid="aff3">3</xref>
        </contrib>
        <contrib contrib-type="editor">
          <string-name>Rome, Italy</string-name>
        </contrib>
        <aff id="aff0">
          <label>0</label>
          <institution>Ca' Foscari University of Venice</institution>
          ,
          <addr-line>via Torino 155, 30172 Venice</addr-line>
          ,
          <country country="IT">Italy</country>
        </aff>
        <aff id="aff1">
          <label>1</label>
          <institution>European Centre for Living Technology</institution>
          ,
          <addr-line>Dorsoduro 3911, Calle Crosera, 30123 Venice</addr-line>
          ,
          <country country="IT">Italy</country>
        </aff>
        <aff id="aff2">
          <label>2</label>
          <institution>University of Padua</institution>
          ,
          <addr-line>Via Trieste 63, 35121 Padua</addr-line>
          ,
          <country country="IT">Italy</country>
        </aff>
        <aff id="aff3">
          <label>3</label>
          <institution>University of Trieste</institution>
          ,
          <addr-line>Piazzale Europa 1, 34127 Trieste</addr-line>
          ,
          <country country="IT">Italy</country>
        </aff>
      </contrib-group>
      <pub-date>
        <year>2022</year>
      </pub-date>
      <abstract>
        <p>In this paper we present an ethical framework aimed at supporting human agency and oversight throughout the life-cycle of algorithmic decision-making systems. Drawing upon classical philosophical traditions, we shift the focus from ethical solutions to the role of Artificial Intelligence (AI) actors in a quality decision process. To this aim the framework highlights the dynamic nature of people's moral decisions, and the “ethical tools” that are inherent within the human being. The primary objective is not to enforce morality within the machine itself but to cultivate moral agency in the human. This ofers the conceptual coordinates to put forward a set of “moral exercises”, practical activities that can be used for the moral training of human actors involved in the life process of AI-based decision systems. Rather than being algorithmic procedures or workflows for ensuring “moral outcomes”, these exercises are flexible instruments to shape the human processes underlying the oversight of AI systems. We illustrate the practical implications of our framework by showing potential cases of application of the exercises, and by creating connections with existing AI ethics methodologies.</p>
      </abstract>
      <kwd-group>
        <kwd>Human Oversight</kwd>
        <kwd>Moral Exercise</kwd>
        <kwd>Responsible AI</kwd>
        <kwd>AI ethics</kwd>
        <kwd>Algorithmic decision-making</kwd>
      </kwd-group>
    </article-meta>
  </front>
  <body>
    <sec id="sec-1">
      <title>1. Introduction</title>
      <p>
        The widespread concern upon the proliferation of abstract ethical principles in the field of
Artiifcial Intelligence (AI) has spurred the development of a number of tools for ethical assessment
and auditing, aimed at ofering concrete solutions [
        <xref ref-type="bibr" rid="ref1">1</xref>
        ]. However, the eforts to close the gap
between principles and practices distracted us from more radical questions about the meaning
of ethics in the context of AI innovation.
      </p>
      <p>In particular, insisting on ethical solutions may leave for granted that dealing with the ethics
of AI means, first and foremost, to implement a procedure or follow a specific workflow. In this
paper we want to engage with more fundamental questions such as: what does it mean acting
ethically in the context of AI? What does responsible behavior imply for AI innovation? In
(G. Grandi)
other terms, we shift the focus from the production of ethical outcomes to the role of people in
a quality decision-making process.</p>
      <p>
        To this aim we propose a framework that highlights key ethical dynamics in decision-making
processes (at both the individual and group levels) and inspires activities to the ethical training
of AI actors1. In that sense, it ofers a valuable instrument to foster human agency and oversight
over the whole AI life cycle [
        <xref ref-type="bibr" rid="ref3">3</xref>
        ], and reconnects the idea of responsible AI to the role of the
acting subject [
        <xref ref-type="bibr" rid="ref4">4</xref>
        ].
      </p>
      <p>
        The framework springs from classical philosophical traditions (for a synthesis see [
        <xref ref-type="bibr" rid="ref5">5</xref>
        ]), that
emphasize the anthropological aspects of moral decisions. In this view, ethical judgment results
from a process of discernment on what is “good” in a particular situation, facing conflicts with
existing rules and seeking consultation with peers. The analysis of this process points out a
reserve of ethical tools which are inherent within the human being and can play a meaningful
role in shaping human decisions in various domains, including AI development and deployment.
      </p>
      <p>Additionally, the framework ofers a conceptual map for the definition of a set of “moral
exercises” for the moral training of human actors involved in the decision-making process.</p>
      <p>
        This work aligns with previous research highlighting the failures of abstracting AI systems
from their social contexts, the so-called abstraction traps [
        <xref ref-type="bibr" rid="ref6">6</xref>
        ], and the tempting prospect of
solving social problems through technical means[7] or a purely empirical perspective [8]. In
particular, it connects to critical revisions of AI and tech ethics calling into question the narrow
focus on procedures and design choices lacking substantive force of reform [9, 10, 11]. Our
contribution is philosophical and practical. On the philosophical side, our framework recasts
ethics in broader terms and rediscover the element of personal commitment and intersubjectivity
which is inherent in ethical reasoning and deliberation. We believe that this way of thinking can
foster a more proactive form of responsibility that goes beyond legal duties set up by established
norms. On the practical side, the way forward suggested by our framework solicits greater
engagement in AI ethics activities and encourages the exercise of civic virtues breaking the
barriers of domain-specific expertise or roles and pointing to common conditions (e.g. humanity
and citizenship).
      </p>
    </sec>
    <sec id="sec-2">
      <title>2. Human Oversight of AI systems</title>
      <p>
        Human oversight is among top priorities in AI ethics guidelines spread worldwide [12] and
intersects important principles such as transparency, justice and non-maleficence [ 13]. In the
European Ethics Guidelines for Trustworthy AI, it aims at ensuring that the decisions aided by
algorithms align with ethical principles and do not lead to harmful or undesirable outcomes [
        <xref ref-type="bibr" rid="ref3">3</xref>
        ].
The recent European legislation (AI Act) requires human oversight to prevent or minimize the
risks to safety and fundamental rights posed by high-risk AI systems [14]. This requirement
becomes even more urgent when decisions are fully automated and produce legal or significant
efects on individuals and groups subjected to algorithmic decisions.
      </p>
      <p>
        From a practical point of view, human oversight is primarily associated to the presence of a
human decision-maker reviewing and validating the algorithmic outcome. The extent of human
1We consider AI actors as “those who play an active role in the AI system lifecycle, including organisations and
individuals that deploy or operate AI” [
        <xref ref-type="bibr" rid="ref2">2</xref>
        ].
oversight can vary, ranging from intervention in every decision cycle of the system
(Humanin-the-loop) to the monitoring of the overall activity of the system, including its economic
and societal impact (Human-in-command). For high-risk AI systems, the AI Act requires that
humans in charge of supervision meet specific conditions (see article 14 [ 14]). For instance, they
should have suficient knowledge about the relevant capacities and limitations of the system,
be aware of the possible tendency of overlying in the system’s output (automation bias) and
be able to override or reverse the output generated. Unfortunately, the proven limitations of
human capabilities in assessing the quality of algorithmic output raised concerns upon the real
expectations for human oversight and efective accountability [ 15, 16].
      </p>
      <p>To overcome the possible flaws in human oversight, organizations introducing algorithmic
decision making systems could pursue multiple strategies. They could improve the technical
training of human operators or seek better integration with organizations’ policies and
procedures ensuring, e.g., transparency. On the other hand, the implementation of human oversight
extends far beyond the introduction of a human overseer and involves various activities such as
the set up of redress measures and communication channels. In addition, the undertaking of
human oversight presupposes the fulfilment of other important tasks such as risk management
and impact assessment. When it comes to the public sector, [16] propose to turn towards an
institutional oversight approach based on evidence-based justifications and democratic review.</p>
      <p>Here, we focus on the ethical dimensions involved in the oversight process. The (training)
activities derived from this analysis target moral dispositions rather than technical skills or
knowledge. They are not meant to overcome the challenges associated to poor cognitive
capabilities of human operators. They aim at fostering a pedagogy of ethical practices [17]
and support the growth of AI actors’ responsibility over the life cycle of an AI-aided decision
system. Our approach to human oversight is broad and covers all relevant choices influencing
the algorithm’s behaviour and the outcome, not only the final output.</p>
    </sec>
    <sec id="sec-3">
      <title>3. A framework for Human Oversight</title>
      <p>This framework ofers a conceptual map that highlights diferent types of questions and ways of
thinking when making ethical decisions. Its main purpose is to ofer the conceptual coordinates
to the moral exercises and mark diferences with other approaches put forward in the field of
AI ethics. A distinct character of this framework is to bring attention towards activities and
dispositions shaping human behaviour. While a large contribution in the field of AI ethics
consists of techniques or methodologies aimed at generating an external outcome (e.g. fairer or
more intelligible outputs), our framework tries to intervene on internal resources stimulating
changes in the acting agent.</p>
      <sec id="sec-3-1">
        <title>3.1. Structure of the framework</title>
        <p>Our framework, depicted in the upper part of Figure 1, rests on two focal points which refer to
the sphere of values and the sphere of actions, respectively.</p>
        <p>Values. The first element encompasses questions addressing the ends of human life and the
moral coordinates for human actions. The sphere of values sets the stage for moral actions
by establishing a kind of “pre-normative” ethics placed on top of rights and duties set up by a</p>
        <p>Figure 1: Ethical framework (upper part) and moral exercises (lower part)
social contract. In philosophy, it relates to Aristotle’s theory (teleology) and stresses the aim of
ethics: “a good life lived with and for others in just institutions.” [18]. From a practical point
of view, with this element we refer to a broad reflection on the ends (telos) of human decision
and actions including consideration of the self, the others and common ways of life. Note that
by “telos” we mean not only the ultimate purpose of human actions but also what one would
consider morally important and worthy of pursuit, i.e. values. Indirectly, a reflection on values
would also imply a scrutiny of disvalues, i.e. the possibility of harm and wrongdoing, to some
extent. For this reason, this sphere could also be understood as a reflection on the various
manifestations of good and evil in human experience.</p>
        <p>The key tool here is the moral compass, a sort of internal sense or guide that help humans to
recognize both “evil” and “good” without being irreparably confused nor blocked by the fact that
they take diferent forms. Consider, for example, eforts to embed values into the design process
of a technical artifact [19]. This may require in-depth sessions of stakeholder consultation in
which people express their expectations, but also values and fears [20]. A case of participatory
design for algorithmic decision-making in kidney transplant showed how people can share
diferent meanings of health and fairness, address tensions and dificult trade-ofs [ 21].</p>
        <p>Actions. The second element deals with questions pondering concrete actions over
determinate circumstances. It comprises a variety of questions, such as what is the right thing to do in
this situation? Is this decision morally acceptable? We distinguish two classes of problems that
subdivide ethical reasoning in two branches.</p>
        <p>• The first problem is the definition of norms given a specific situation (e.g. communicating
an adverse diagnosis to a patient) to assess the moral sustainability of actions with
respect to the self and the others. This branch highlights the normative elements of a
decision process and clearly reminds of Kant’s moral imperatives (deontology). It requires
to control the decision process from the viewpoint of universality and grounds moral
obligations on the value of human dignity. This part of the framework puts forward a
universal moral ruler as an ethical tool protecting the moral judgement from arbitrariness,
violence and injustice. A genuine result of this ruling activity is the definition of codes of
ethics and conduct in high-stake domains, such as medicine. Examples of code of ethics
for computing professionals exist and spread across diferent associations [ 22, 23].
• The second issue is the determination of good and wrongdoing in specific situations and
a given set of rules (e.g. communicating an adverse diagnosis to a remarkably fragile
patient). In this case, humans have to reconcile the universality of the norms (the previous
dimension) to the singularity of actors and situations. To overcome the limits of a purely
deductive approach, this class of questions interrogates practical wisdom, also known
as prudence, expressing human capacity to apply abstract rules in contingent situations.
An important remark is that prudence builds upon a common inquiry which allows to
collect and ponder diferent points of view - a character well reflected in Thomas Aquinas’
concept of counsel (a “conference held between several” [24]). In the medical example,
even if there is a general rule of transparency for doctors, the fragility of the specific
patient could suggest that omitting some details of the diagnosis would improve the
agency of the patient and its ability to recover. Consultation with other doctors and
family members would also help address tensions and decide how values can be best
enacted in this specific circumstance.</p>
      </sec>
      <sec id="sec-3-2">
        <title>3.2. Moral exercises</title>
        <p>The conceptual framework outlined above suggests key ethical dynamics in decision-making
processes. This conceptual description has a concrete counterpart in terms of activities that
could be further elaborated into resources for the ethical training of human decision-makers.
We call them moral exercises since they can inspire structured activities to help human actors
master ethical skills, corresponding, in our case, to the tools suggested above (the moral compass,
the universal moral ruler, and prudence). We identify an exercise for each component of the
framework and summarize them in the lower part of Figure 1. Even if the exercises can be
done independently, Figure 1 highlights their interconnected nature, mirroring the relationship
between the diferent branches of the framework. The moral exercises were experimented
in diferent social contexts that involve critical decision-making, such as social services and
criminal justice [25]. In the following we illustrate the exercises and outline what they may
look like in a medical domain.</p>
        <p>Exercise 1 seeks to identify a common set of shared values or potential harms in a context
of teamwork. This activity starts with individual, subjective consultations and progresses to
group discussions, often resulting in unanimity[ 25]. Note that the approach recommended by
this exercise difers from the aggregation of ethical preferences facilitated by crowdsourcing
platforms [26]. Instead, it aims to establish a consensus and foster a shared understanding of
core values through dialogue leaving room for some disagreement.</p>
        <p>Typically, such activities occur within small groups of peers. For example, in a medical
setting, a team of medical professionals may want to establish a common ethical basis for
making decisions in the hospital. They may converge on values such as loyalty towards patients,
transparency, truthfulness, scientific accuracy, respect, active listening, attentiveness, and
benevolence. Within the AI life cycle, this exercise may apply to the early developmental stages,
for example when an organization has to define the key set of values guiding the whole AI
project.</p>
        <p>Exercise 2a focuses on the deontological level, aiming to derive one or more general rules
based on a specific situation’s perspective. This activity entails a group of individuals analyzing
the potential universal applicability of a moral decision or action. In this exercise, the participants
identify a course of action for a specific case and question whether the proposed solution would
consistently align with shared values if adopted as a universal rule (test of universalisation).</p>
        <p>For a concrete example of this exercise, consider a medical case with a 90% unfavourable
diagnosis (e.g. processed by IBM Watson). The universalization test in this context involves
determining which ‘rule’ (or Kantian ‘maxim’) becomes apparent, such as “tell the truth.”
Another rule could be “disclose that the diagnosis originates from an AI tool,” but the discussion
prompted by the analysis of an unfavorable diagnosis might lead to a refinement of the rule as
follows: “disclose the algorithmic source of the diagnosis only if the doctor fully agrees with
the automated assessment.” With regard to the development of an AI system, this exercise
would be useful in reviewing the model’s performance in relation to the risks of unfairness. In
this context, the AI actors fulfill various tasks that encompass identifying vulnerable groups,
selecting fairness metrics, and evaluating trade-ofs between accuracy and fairness.</p>
        <p>We finally remark that Exercise 2a may reach diferent conclusions starting from the same
initial conditions. This is perfectly valid, since there is not a single set of rules that is generally
correct. Indeed, the goal of the exercise is not to define a universal procedure to test the ethics
of decisions, but to engage subjects in a shared discernment process and foster a proactive form
of responsibility.</p>
        <p>Exercise 2b puts into practice the “prudential approach” which is distinctive of the classical
philosophical tradition. Even with a moral guideline (possibly developed through Exercise 2a),
moral judgment does not solely rely on logical deduction; it requires the use of practical wisdom.
Consequently, Exercise 2b aims to cultivate ‘prudence,’ which enables one to transcend the
limitations of rigid rules when their strict adherence might prove detrimental to the greater good
in certain circumstances. Figure 1 illustrates this exercise, which revolves around discussing a
conflicting case that necessitates consultation of various perspectives and careful consideration
of its uniqueness and contingency. The result can be either the attainment of a favorable
resolution in alignment with the provided moral coordinates (resembling Thomas Aquinas’
concept of synesis [24]), or the recognition that it might be necessary to depart from the initial
norms in the pursuit of the greater good (akin to the concept of gnome [24]).</p>
        <p>This exercise serves as a stress test for the moral ruler established as a deontological
foundation, which is why it is closely related to Exercise 2a. The most challenging scenario emerges
when one’s internal moral compass suggests that rigidly applying rules in a given situation
could lead to harm. This is where prudence comes into play, as it is the human virtue that
enables us to delve deeper and comprehend underlying values and meanings. Since straying
from established rules can carry risks, the exercise highlights the importance of the teleological
foundation as a safety net. In such cases, it requires revisiting the shared values determined
in Exercise 1. Therefore, a final decision that deviates from the rules is only accepted if it is
well-justified in terms of the underlying accepted values.</p>
        <p>An illustrative application of this exercise is in the context of delivering an unfavorable
diagnosis to a vulnerable patient. Specifically, the discussion can take into account the unique
characteristics of the individual patient. This scrutiny might reveal that a subset of users had
been overlooked in the formulation of general rules (e.g., individuals with Alzheimer’s disease
or those with concurrent conditions), prompting a return to Exercise 2a. Conversely, if the
existing rules prove suficient, the team revisits the values at stake in the individual’s best
interest, subsequently either confirming or rejecting the decision based on these rules. In both
scenarios, the discussion bolsters awareness of the moral implications.</p>
      </sec>
    </sec>
    <sec id="sec-4">
      <title>4. Discussion and concluding remarks</title>
      <p>Our framework illuminates the ethical aspects of the oversight process, encompassing both
values and actions, while shifting the focus from external factors to those within the individual.
This highlights ethical dynamics and tools that can inspire human decisions and actions. In
particular, our framework suggests the idea of moral exercises to support AI actors face important
questions about the ends of an algorithmic-decision process or the exceptions that may result
from the processing of certain input.</p>
      <p>In this work, we have provided a broad overview, but our intention is to delve deeper into
what moral exercises may entail in the oversight of an AI-assisted decision system. We have
some intuition about their potential utility in enhancing ethical dispositions in the oversight
processes. We believe that structured activities could be elaborated around tasks comprising the
developmental processes of an AI system. Current proposals of governance framework, such
as [27], may provide useful insights to design scenarios for moral exercises, e.g. suggesting
roles and AI-related tasks at diferent developmental stages. To this aim, we intend to expand
upon and assess more comprehensive exercise proposals derived from pilot experiences in AI
projects.</p>
      <p>An IEEE report listening to engineers pointed out the need to allocate time for reflection and
discussion enabling engineers’ engagement and participation [28]. We believe that structuring
activities in the form of Exercise 1 may help AI actors share their views on core values and
elaborate a common understanding to support design choices. For example, similar elaboration
might be beneficial when defining the annotation scheme for a data classification, a task that was
considered a sense-making practice [29]. Awareness of diferent perspectives in ground-truthing
[30] may call for a deeper understating of the values reflected in annotation or rating criteria
and exercises on values could stimulate important insights in this regard. These examples are
suggestive of a wide space for possible uses and further elaboration. To conclude, with this
paper we aim to shift the focus from AI ethics techniques to AI actors, and engage researchers
in a discussion on the extent to which our perspective can be explored and used.</p>
    </sec>
    <sec id="sec-5">
      <title>Acknowledgments</title>
      <p>TS acknowledges financial support from the IRIS Academic Research Group (UK government,
grant no. SCH-00001-3391). SC acknowledges the support of CINI National Laboratory
Informatics &amp; Society.
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