Posts Tagged - computational legalism

Computational Legalism and the Affordance of Delay in Law

(Journal of Cross-disciplinary Research in Computational Law, online-first 2020)

Abstract

Delay is a central element of law-as-we-know-it: the ability to interpret legal norms and contest their requirements is contingent on the temporal spaces that text affords citizens. As computational systems are further introduced into legal practice and application, these spaces are threatened with collapse, as the immediacy of ‘computational legalism’ dispenses with the natural ‘slowness’ of text.

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Computational Legalism

Do not enter sign

(Originally posted on the COHUBICOL research blog.)

This post summarises computational legalism, a concept I developed in my doctoral thesis that is borne of the parallel between code’s ruleishness – its reliance on strict, binary logic instead of interpretable standards – and its conceptual equivalent in the legal realm, known as legalism (more specifically the strong variant of the latter).

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Technological mediation vs. the Rule of Law

Model of a man climbing a ladder amongst wire cubes

Presented at the conference on the Philosophy of Human-Technology Relations (PHTR), November 2020

Abstract

In a constitutional democracy, the operation of law relies on the multi-interpretability of language and the possibility of contesting meaning. These capabilities are assumed in the contemporary structures of rule creation, interpretation, adjudication, and enforcement. When new technologies are introduced into those structures, such as AI/machine learning or self-executing rules (e.g. smart contracts), new mediations necessarily enter the frame.

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The law as (mere) user: affordance and the mediation of law by technological artefacts

Presented at TRILcon, University of Winchester, April 2018. This paper was later published as Law as a User: Design, Affordance, and the Technological Mediation of Norms.

Abstract

Technology law scholars have recently begun to consider the design studies concept of affordance, bringing it into the legal fold both as a means to explain how the law has developed the way it has,[1] and more recently in attempts to cast the law per se as an affordance.[2]

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Digisprudence: developing a legal-theoretical approach to compliance by design

Presented at BILETA 2018, University of Aberdeen.

Abstract

The literature concerning the regulation of technology is rightly beginning to focus more on ex ante, or ‘by design’, enforcement. Despite almost two decades having passed since Lawrence Lessig’s Code was first published, the acceptance that ‘code’ (as opposed to law) has the power to regulate, and an appreciation of that power, is still developing, particularly since it requires a level of interdisciplinary openness to which the conservative legal world is occasionally hostile.

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