Digisprudence: Code as Law Rebooted
Published on 17. July 2023
Book
Paperback/Softback
276 pages
978-1-4744-8533-3 (ISBN)
Description
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 (IoT).
Reviews / Votes
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. * Daithi Mac Sithigh, Institute of Art, Design + Technology *More details
Series
Language
English
Place of publication
Edinburgh
United Kingdom
Target group
College/higher education
Product notice
Paperback (trade)
Unsewn / adhesive bound
Illustrations
10 black and white illustrations, 2 black and white tables
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 15 mm
Weight
395 gr
ISBN-13
978-1-4744-8533-3 (9781474485333)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
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).
Content
1. IntroductionThe Structure of the ArgumentRebooting '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 LawAffordanceInfusing Code with Normativity
3. A Legal Philosophy Perspective: Code is Less Than LawWhat is Legalism?Computational LegalismConclusion
Part II: What Makes a Good Rule?
4. Criteria for LawsNormative Criteria for Law-Making: the Aspirations of LegalityConclusion
5. Criteria for CodeInput and Output Legitimacy in CodeInput LegitimacyConclusion
Part III: Legitimating Code: Theory and Practice
6. The Digisprudential AffordancesAssessing Decisions, Or Assessing Design?Mapping the CriteriaFrom Characteristics To AffordancesConclusion
7. Operationalising DigisprudenceThe Programmer of the ProgrammerAgile DevelopmentIntegrated Development EnvironmentsCode and Natural LanguageConclusion
8. Rebooting Code as Law: Conclusions and Next StepsThe Contemporary Relevance of DigisprudenceNext Steps?Concluding Thoughts
Part I: Computational Legalism and the Rule(s) of Code
2. A Design Perspective: Code Is More Than LawAffordanceInfusing Code with Normativity
3. A Legal Philosophy Perspective: Code is Less Than LawWhat is Legalism?Computational LegalismConclusion
Part II: What Makes a Good Rule?
4. Criteria for LawsNormative Criteria for Law-Making: the Aspirations of LegalityConclusion
5. Criteria for CodeInput and Output Legitimacy in CodeInput LegitimacyConclusion
Part III: Legitimating Code: Theory and Practice
6. The Digisprudential AffordancesAssessing Decisions, Or Assessing Design?Mapping the CriteriaFrom Characteristics To AffordancesConclusion
7. Operationalising DigisprudenceThe Programmer of the ProgrammerAgile DevelopmentIntegrated Development EnvironmentsCode and Natural LanguageConclusion
8. Rebooting Code as Law: Conclusions and Next StepsThe Contemporary Relevance of DigisprudenceNext Steps?Concluding Thoughts