Law-jobs in the algorithmic society

It is now well established that algorithms are transforming our economy, institutions, social relations and ultimately our society. This paper explores the question - what is the role of law in the algorithmic society? We draw on the law-jobs theory of Karl Llewellyn and on William's Twining re...

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Bibliographic Details
Published in:International journal of law in context 2023-03, Vol.19 (1), p.1-12
Main Authors: Fortes, Pedro Rubim Borges, Restrepo Amariles, David
Format: Article
Language:English
Subjects:
Algorithms
Artificial intelligence
Compliance
Disputes
Human rights
Labor
Legal polycentricity
Predictive analytics
Social networks
Society
Sociological jurisprudence
Technology and law
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Summary:It is now well established that algorithms are transforming our economy, institutions, social relations and ultimately our society. This paper explores the question - what is the role of law in the algorithmic society? We draw on the law-jobs theory of Karl Llewellyn and on William's Twining refinement of Llewellyn's work through the perspective of a thin functionalism to have a better understanding of what law does in this new context. We highlight the emergence of an algorithmic law, as law performs jobs such as the disposition of trouble-cases, the preventive channelling and reorientation of conduct and expectations, and the allocation of authority in the face of algorithmic systems. We conclude that the law-jobs theory remains relevant to understanding the role of law in the algorithmic society, but it is also challenged by how algorithms redefine who does or should do what law-jobs, and how they are done.
ISSN:1744-5523
1744-5531
DOI:10.1017/S174455232200043X