Digisprudence: Code as Law Rebooted

AvLaurence E. Diver

Inbunden, Engelska, 2021

Del i serien Future Law: Challenges for Law, Technology and Culture

1 075 kr

Skickas . Fri frakt över 249 kr.

Fler format och utgåvor

Häftad

533 kr

Skickas inom 3-6 vardagar

Beskrivning

Whenever you use a smartphone, website, or IoT device, your behaviour is determined to a great extent by a designer. Their software code defines from the outset what is possible, with very little scope to interpret the meaning of those 'rules' or to contest them. How can this kind of control be acceptable in a democracy? If we expect legislators to respect values of legitimacy when they create the legal rules that govern our lives, shouldn't we expect the same from the designers whose code has a much more direct rule over us?In this book Laurence Diver combines insight from legal theory, philosophy of technology, and programming practice to develop a new theoretical and practical approach to the design of legitimate software. The book critically engages with the rule(s) of code, arguing that, like laws, these should exhibit certain formal characteristics if they are to be acceptable in a democracy. The resulting digisprudential affordances translate ideas of legitimacy from legal philosophy into the world of code design, to be realised through the 'constitutional' role played by programming languages, integrated development environments (IDEs), and agile development practice. The text interweaves theory and practice throughout, including many insights into real-world technologies, as well as case studies on blockchain applications and the Internet of Things.

Produktinformation

Utgivningsdatum:2021-12-02
Mått:156 x 234 x 21 mm
Vikt:544 g
Format:Inbunden
Språk:Engelska
Serie:Future Law: Challenges for Law, Technology and Culture
Antal sidor:276
Förlag:Edinburgh University Press
ISBN:9781474485326

Utforska kategorier

Rättsvetenskap inom Juridik

Mer om författaren

Laurence Diver is a postdoctoral researcher in COHUBICOL (Counting as a Human Being in the Era of Computational Law) as part of the Research Group on Law, Science, Technology and Society at the Free University of Brussels-VUB. Laurence has contributed to a number of journals including SCRIPTed (where he is also Technical Editor), International Review of Law, Computers and Technology and Artificial Intelligence and Law. He is also co-founder of the Journal of Cross-disciplinary Research in Computational Law (CRCL).

Recensioner i media

This book offers exceptionally well-argued insights on law and technology. Diver’s understanding and deployment of ideas from legal theory and a range of disciplines makes this a brilliant critique of how we have come to understand "code" and the role of those who design it. With the regulation of emerging technologies and of powerful players high on the political agenda – concerns still too often simplified or misunderstood – Digisprudence presents fresh and exciting ways of understanding these issues.

Innehållsförteckning

1. IntroductionThe Structure of the ArgumentRebooting ‘Code as Law’Aspiring to Legitimacy in Code‘Code as Law’, Code Versus Law, or Something Else?ConcludingPart I: Computational Legalism and the Rule(s) of Code2. A Design Perspective: Code Is More Than LawAffordanceInfusing Code with Normativity3. A Legal Philosophy Perspective: Code is Less Than LawWhat is Legalism?Computational LegalismConclusionPart II: What Makes a Good Rule?4. Criteria for LawsNormative Criteria for Law-Making: the Aspirations of LegalityConclusion5. Criteria for CodeInput and Output Legitimacy in CodeInput LegitimacyConclusionPart III: Legitimating Code: Theory and Practice6. The Digisprudential AffordancesAssessing Decisions, Or Assessing Design?Mapping the CriteriaFrom Characteristics To AffordancesConclusion7. Operationalising DigisprudenceThe Programmer of the ProgrammerAgile DevelopmentIntegrated Development EnvironmentsCode and Natural LanguageConclusion8. Rebooting Code as Law: Conclusions and Next StepsThe Contemporary Relevance of DigisprudenceNext Steps?Concluding Thoughts