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Digisprudence: Code as Law Rebooted


ISBN13: 9781474485326
To be Published: December 2021
Publisher: Edinburgh University Press
Country of Publication: Scotland
Format: Hardback
Price: £85.00



Reboots the debate on ‘code as law’ to present a new cross-disciplinary direction that sheds light on the fundamental issue of software legitimacy.

  • Reinvigorates the debate at the intersection of legal theory, philosophy of technology, STS and design practice
  • Synthesises theories of legitimate legal rulemaking with practical knowledge of code production tools and practice
  • Proposes a set of affordances that can legitimise code in line with an ecological view of legality
  • Draws on contemporary technologies as case studies, examining blockchain applications and the Internet of Things

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).

Subjects:
Jurisprudence, IT, Internet and Artificial Intelligence Law
Contents:
1. Introduction
Part I: Computational Legalism and the Rule(s) of Code
2. A Design Perspective: Code Is More Than Law
3. A Legal Philosophy Perspective: Code is Less Than Law
Part II: What Makes a Good Rule?
4. Criteria for Laws
5. Criteria for Code
Part III: Legitimating Code: Theory and Practice
6. The Digisprudential Affordances
7. Operationalising Digisprudence
8. Rebooting Code as Law: Conclusions and Next Steps
Concluding Thoughts