Computational Legalism

tags

Law and Technology Laurence Diver

Notes

Whereas orthodox legislation is legitimated by democratic processes, it is not at all clear that such an aspiration is reflected in the production of code

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the ideological ought of strong legalism very easily becomes the technological is of code

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Even in the most tyrannical state there is space to interpret, and even to disobey – the hermeneutic gap between the text of a norm on the page and its translation into behaviour

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the ‘text’ of the ‘rule’ (the source code) constitutes directly the geography of the artefact

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What we have with code, then, is potentially the apex of legalism: the normative collapses into the descriptive

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The opacity of code makes its regulative operation inscrutable to the end-user

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code is simultaneously more powerful and less adaptable than a law-system that is built around the characteristics of delay, flexible interpretation, and ex post remediation

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