Abstract
Both digital law (regulation by technological management) and AI as a legal agent pose remarkable challenges to legal research, legal argumentation and rule of law based society. “Code is law” deprives norms of their traditional ontological and political characteristics, transforming them into technical solutions, not enacted and applied in the traditional way. AI as a legislator or a judge does not act like humans, perhaps until it becomes a conscious and accountable agent. The significance of consciousness to being a legal agent should be clarified. Perhaps understanding the meaning of “summum ius summa iniuria” is more than just knowing some facts about the legal application of related concepts, like fairness.
| Translated title of the contribution | The ontology of sociotechnical systems and some methodological and societal implications |
|---|---|
| Original language | Spanish |
| Title of host publication | Inteligencia Artificial: De la discrepancia regional a las leyes universales. Integración de percepciones políticas, económicas y legales |
| Editors | Tanel Kerikmäe, Matti Rudanko, Maria Claudia Solarte-Vásquez, Ramiro Troitiño D. |
| Place of Publication | Pamplona |
| Publisher | Thomson Reuters Aranzadi |
| Pages | 35-66 |
| Number of pages | 21 |
| ISBN (Print) | 978-84-1346-835-8 |
| Publication status | Published - 2020 |
| MoE publication type | A3 Book section, Chapters in research books |
Keywords
- artificial intelligence, regulation, digital law, judicial reasoning