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Law for Computer Scientists and Other Folk$

Mireille Hildebrandt

Print publication date: 2020

Print ISBN-13: 9780198860877

Published to Oxford Scholarship Online: July 2020

DOI: 10.1093/oso/9780198860877.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 November 2021

(p.235) Part III Frontiers Of Law in an Onlife World

(p.235) Part III Frontiers Of Law in an Onlife World

Law for Computer Scientists and Other Folk

Mireille Hildebrandt

Oxford University Press

In the third part of this book we will investigate two forward looking perspectives in and of law. These perspectives concern law’s relationship with an environment that is increasingly data- and code-driven, where the difference between online and offline becomes ever more artificial. A difference to be made, instead of taking it for granted as given. From self-driving cars to online micro-targeting and from remote healthcare to e-learning, our physical, online, and institutional environment are integrating into an assembly of hard- and softwired decision-systems that interact and behave in myriad potentially unpredictable ways. Whether due to bugs, emergent properties or unforeseen dynamics. In Chapter 9 we will consider the salience of introducing legal personhood for some of the computational systems that run our world, thus also inquiring into the nature of legal subjectivity. In Chapter 10 we will examine the idea of ‘compliance by design’, as a way to either ensure automated enforcement of legal norms (including contractual obligations) or to ensure that legal protection (including contestation) is articulated into the data- and code-driven architectures of the onlife world. The first goes under the heading of ‘legal by design’, the second has been coined as ‘legal protection by design’. (p.236)