2022/02/18 by William Lucy · 6 citations
Social Sciences · #Artificial intelligence #Computer science #Epistemology #Law #Law and economics #Law in Society and Culture #Philosophy #Political science #Salience (neuroscience) #Sociology #Software deployment
paper · pdf · doi:10.1017/s0008197321001021
published in The Cambridge Law Journal 81(1), 109-138 (Cambridge University Press)
openalex publication_date 2022/02/18 · openalex created_date 2025/10/10 · openalex updated_date 2026/08/04
Abstract This essay argues that a defining characteristic of modern law – the distinctive way in which it judges its addressees – will disappear. After sketching the distinctive nature of modern law's judgment, I show that it is part of a broader regulatory paradigm (rule or East Coast regulation) which is itself being superseded. Technological management is the alternative regulatory paradigm and I examine its rise and salience, showing how it might, in combination with the advent of ubiquitous computing, machine learning and artificial intelligence, cure a range of alleged pathologies that mark contemporary legal systems. The essay also demonstrates why technological management is now our regulatory default, its salience flowing from changes in the nature of our thinking about, and deployment of, power. The essay combines the work of Roger Brownsword, a leading contemporary jurist of technological management, with that of the world-renowned social theorist Michel Foucault.