Law-Jobs in the Algorithmic Society
SSRN Electronic Journal(2022)
摘要
It is now well established that algorithms are transforming our economy, institutions, social relations and ultimately our society. This paper explores the question - what is the role of law in the algorithmic society? We draw on the law-jobs theory of Karl Llewellyn and on William's Twining refinement of Llewellyn's work through the perspective of a thin functionalism to have a better understanding of what law does in this new context. We highlight the emergence of an algorithmic law, as law performs jobs such as the disposition of trouble-cases, the preventive channelling and reorientation of conduct and expectations, and the allocation of authority in the face of algorithmic systems. We conclude that the law-jobs theory remains relevant to understanding the role of law in the algorithmic society, but it is also challenged by how algorithms redefine who does or should do what law-jobs, and how they are done.
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关键词
algorithmic law, legal realism, law-jobs, legal pluralism, digital society, law in context
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