Digisprudence: Code as Law Rebooted

Author: Laurence E. Diver
Publisher: Edinburgh University Press
ISBN: 9781474485333

Published In: August 2023
Format: Paperback
Jurisdiction: Scotland ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781474485326

HKD 315.78

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

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

Part I: Computational Legalism and the Rule(s) of Code

2. A Design Perspective: Code Is More Than Law

3. A Legal Philosophy Perspective: Code is Less Than Law

Part II: What Makes a Good Rule?

4. Criteria for Laws

5. Criteria for Code

Part III: Legitimating Code: Theory and Practice

6. The Digisprudential Affordances

7. Operationalising Digisprudence

8. Rebooting Code as Law: Conclusions and Next Steps

Concluding Thoughts