Libro: "Digisprudence: Code as Law Rebooted" (open access)
*"Digisprudence: Code as Law Rebooted"* Laurence Diver Edinburgh University Press 276 pages Future Law Published December 2021 https://edinburghuniversitypress.com/book-digisprudence-code-as-law-rebooted... *PDF disponibile in open access** * 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). 1. Introduction The Structure of the Argument Rebooting ‘Code as Law’ Aspiring to Legitimacy in Code ‘Code as Law’, Code Versus Law, or Something Else? Concluding *Part I: Computational Legalism and the Rule(s) of Code* 2. A Design Perspective: Code Is More Than Law Affordance Infusing Code with Normativity 3. A Legal Philosophy Perspective: Code is Less Than Law What is Legalism? Computational Legalism Conclusion *Part II: What Makes a Good Rule?* 4. Criteria for Laws Normative Criteria for Law-Making: the Aspirations of Legality Conclusion 5. Criteria for Code Input and Output Legitimacy in Code Input Legitimacy Conclusion *Part III: Legitimating Code: Theory and Practice* 6. The Digisprudential Affordances Assessing Decisions, Or Assessing Design? Mapping the Criteria From Characteristics To Affordances Conclusion 7. Operationalising Digisprudence The Programmer of the Programmer Agile Development Integrated Development Environments Code and Natural Language Conclusion 8. Rebooting Code as Law: Conclusions and Next Steps The Contemporary Relevance of Digisprudence Next Steps? Concluding Thoughts
participants (1)
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J.C. DE MARTIN