An outsider's view on law and technology
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Bartosz BROŻEK, Olia KANEVSKAIA and Przemysław PAŁKA (eds), Research handbook on law and technology, Cheltenham : Edward Elgar Publishing, 2023, Law 2023; pp. 379-390
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MICKLITZ, Hans-Wolfgang, An outsider’s view on law and technology, in Bartosz BROŻEK, Olia KANEVSKAIA and Przemysław PAŁKA (eds), Research handbook on law and technology, Cheltenham : Edward Elgar Publishing, 2023, Law 2023; pp. 379-390 - https://hdl.handle.net/1814/94096
Abstract
This contribution entices the reader to think about the distinction between outsider and insider, the self-understanding of outsiders and insiders, and the criteria of belongingness to one or the other. In law and technology, the community is divided between the new outsiders and the old insiders. Depending on the perspective, one might regard the new outsiders as insiders and the old insiders as outsiders. Otherness is constitutive for establishing belongingness. In law and technology, the two communities disagree on whether digitalisation is a rupture – this is the tendency of the new community – or a mere evolution that fits within the traditional ways of thinking. The play with perspectives allows us to dig deep into mutual cognition and the determinants which influence our cognition. The short chapter is meant to raise questions and to make us think about where we are, what determines where we are, and why this is important for self-reflection.
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Published online : 05 December 2023
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The chapter received funding from Giovanni Sartor’s ERC grant on CompuLaw – Governance of Computational Entities through an Integrated Legal and Technical Framework. The EU-funded CompuLaw project proposes to make law computation-oriented. The goal is to integrate, map and partially translate legal and ethical requirements into computable representations of legal knowledge and reasoning. Computational law will help society move more smoothly into a newly-created digital space.