Digisprudence: Code as Law Rebooted

ISBN-13: 9781474485326 / Angielski / Twarda / 2021 / 276 str.

Laurence E. (Postdoctoral researcher in COHUBICOL (Counting

Spis treści

1. Introduction; The structure of the argument; Rebooting ‘code as law’; Aspiring to legitimacy in code; ‘Code as law’, code versus law, or something else?; Concluding; Part I: Computational Legalism and the Rule(s) of Code; 2. A design perspective: code is more than law; Affordance; Infusing code with normativity; 3. A legal philosophy perspective: code is less than law; What is legalism?; Computational legalism; Conclusion; Part II: What makes a good rule?; 4. Criteria for laws; Normative criteria for law-making: the aspirations of legality; Conclusion; 5. Criteria for code; Input and output legitimacy in code; Input legitimacy; Conclusion; Part III: Legitimating code: theory and practice; 6. The digisprudential affordances; Assessing decisions, or assessing design?; Mapping the criteria; From characteristics to affordances; Conclusion; 7. Operationalising digisprudence; The programmer of the programmer; Agile development; Integrated development environments; Code and natural language; Conclusion; 8. Rebooting code as law: conclusions and next steps; The contemporary relevance of digisprudence; Next steps?; Concluding thoughts.