Is law about to be Turing’d?
There is a growing dissonance between the scope of economic transactions and that of jurisdictions.
Is law being Turing’d?
note: there are two ways how automation in law can be introduced: as a solution to a scalability problem (as discussed here) or through a narrative of fragmentation from within society. the latter involves dangerous territory that doesn’t exist outside of ideological frameworks, or rather, frameworks that are regarded as such outside of the fringe group of its proponents. whereas the narrative of globalized trade etc. is not considered ideologic by mainstream society
(0) Status quo
There is a growing dissonance between the scope of economic transactions and that of the laws and jurisdictions under which they are regulated and enforced.
But also a difference between abilities of individuals and small organizations and those of big corps which have created their own infrastructure or operate “above the law”. But internert empowers individuals to be active in a way that they increasingly collide with the limitations of legal sys
(2) How have the law and its institutional frameworks dealt so far with the problem of globalized trade and global information networks?
(a) territoriality principle
(b) international private law
(c) supra-national institutions
(d) arbitration
(e) shift of responsibilities from legislative to executive branch
-> weaking of chain of democratic legitimacy
(2) Scalability of democratic institutional law-making and prosecution
List examples of failure of scalability:
- climate change
- reaction to financial crisis as counter-example?
- TTIP and other trade agreements -> what does it mean? is it working?
- Rechtsdurchsetzung Recht auf Vergessenwerden
- Überhaupt Recht auf Vergessenwerden
(2) The increasing importance of tech in law for a globalized world
Q: How can the legal domain keep up with new challenges?
(a) Patching
Patching describes the concept of optimizing individual processes without touching the overarching structure of the system. In this Domain the #legalhacking discourse takes place.
Lex Informatica is about automation within existing paradigm
So do we have to file it under patching? Yes!!
(b) Systemic changes
(aa) Metzger CC
(cc) Lex cryptographica
(aaa) Digital Common Law
(bbb) AI-Agend-based Service Landscape
(ccc) Formalization: Necessities and the AI delusion
Exported from Medium on January 3, 2025.