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Law-jobs in the algorithmic society
Published online by Cambridge University Press: 29 November 2022
Abstract
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.
- Type
- Special Issue Introduction
- Information
- International Journal of Law in Context , Volume 19 , Special Issue 1: Algorithmic Law in Context , March 2023 , pp. 1 - 12
- Copyright
- Copyright © The Author(s), 2022. Published by Cambridge University Press