By Courtney M. Cox.
This Article seeks to reorient the debate over the right to a human decision. To machine proponents, it offers a new reason to be skeptical of Arguments from Explanation in favor of human decisionmakers. And to humanist objectors, it offers a new reason to be skeptical of Better Decision Arguments in favor of machines. These new reasons to doubt old arguments—on both sides—begin with normative uncertainty. Normative uncertainty is uncertainty about what one ought to do. By recognizing the role this type of uncertainty plays in decisionmaking, this Article flips the script in a way that sharpens both the technical and normative questions we should ask when choosing between humans and machines.