Roger Brownsword, William Lucy, and many other scholars predict that, by 2061, data-driven agents technological management will come alongside and finally replace legal norms as the main social control device. The model of rules will seem badly out of touch with the use of AI technologies as regulatory non-normative instruments, since such systems will make it impossible to break a rule, thus replacing illegality with impossibility. It means that it will no longer be necessary threatening sanctions for non-compliance, and this new paradigm will lead to a sort of “death of the law”. Nonetheless, normativity, as well as the distinction between internal and the external point of view, seems to be conceptually needed notion in grasping the meaning of a certain conduct under a certain social practice, even when it is channeled by data-driven agents. Furthermore, the constitutive force of legal rules prevents a drastic reduction of the practical complexity of the world, making normativity of law much more resilient than we are used to think.
Norm cannot die Brief critical considerations on the latest necrologies of law and the technological management of human conduct|La norma non può morire Brevi riflessioni critiche sugli ultimi necrologi del diritto e sulla gestione tecnologica della condotta umana
Romeo Andrea
2024-01-01
Abstract
Roger Brownsword, William Lucy, and many other scholars predict that, by 2061, data-driven agents technological management will come alongside and finally replace legal norms as the main social control device. The model of rules will seem badly out of touch with the use of AI technologies as regulatory non-normative instruments, since such systems will make it impossible to break a rule, thus replacing illegality with impossibility. It means that it will no longer be necessary threatening sanctions for non-compliance, and this new paradigm will lead to a sort of “death of the law”. Nonetheless, normativity, as well as the distinction between internal and the external point of view, seems to be conceptually needed notion in grasping the meaning of a certain conduct under a certain social practice, even when it is channeled by data-driven agents. Furthermore, the constitutive force of legal rules prevents a drastic reduction of the practical complexity of the world, making normativity of law much more resilient than we are used to think.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
