par Fortes, Pedro Rubim Borges;Restrepo Amariles, David 
Référence International journal of law in context, 19, 1, page (1-12)
Publication Publié, 2023-02-01
Référence International journal of law in context, 19, 1, page (1-12)
Publication Publié, 2023-02-01
Article révisé par les pairs
| Résumé : | Abstract 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. |
