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EJLS symposium editorial : is fairness in digital governance a trap?
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1973-2937
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European journal of legal studies, 2025, Vol. 16, SI, pp. 1-9
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DI STEFANO, Stefania, MIGNOT-MAHDAVI, Rebecca Shiva, SANDER, Barrie, VAN DEN MEERSSCHE, Dimitri, VATANPARAST, Roxana, EJLS symposium editorial : is fairness in digital governance a trap?, European journal of legal studies, 2025, Vol. 16, SI, pp. 1-9 - https://hdl.handle.net/1814/78041
Abstract
Contemporary legal and policy discussions around the social and political implications of algorithmic decision-making and digital governance have increasingly revolved around an aspiration for 'fairness'. While this aspiration may seem at first sight to be a relevant ideal for both law and technology in digital governance, there are political and distributive implications at stake in taking fairness as a given, especially when left undertheorized. The language of fairness is used by a multiplicity of actors in global digital governance and thus serves a wide variety of purposes, from the normalization and stabilization of problematic practices, to attempts at constraining and resisting them. Fairness is an inherently pluridimensional concept within the international law discipline: the debates and discussions that took place at the 18th Annual Conference of the European Society of International Law (ESIL), devoted to unpacking the question of whether international law is fair, demonstrate as much.
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Special Issue on 'Law and Technology'
Published online: 14 February 2025
Published online: 14 February 2025