Skip to main content
Presentation
Regulation through law vs. regulation through technology: the virtues of the explicit.
Vox Internet Workshop: Technical regulation of the Internet - From Standardization to Behavioural and Societal Norms. Paris, 31 March 2009 (2009)
  • Antoinette Rouvroy
Abstract
In the advanced Information Society, (de)regulation of human actions and interactions, both on- and off-line, requires and attests to increasingly unavoidable and complex interactions between law and technology. Whereas these interactions may take a variety of forms going from mutual reinforcements and transformations to harsh competition, this paper is an attempt to map the respective specificities of legal and technological normativities in order to enlighten current debates about the stable or changing, fundamental or residual roles and functions of Laws and legal systems. Against hasty delegations (from Law to technology) motivated by a current concerns for effectiveness and efficiency, the paper attempts to pave the way towards a democratically sustainable articulation of legal and technological normativities. Designing such an articulation, we argue, presupposes one has a clear perception of the respective contributions of legal and technological normativities to the framing or preconditioning (affordance) of individual and collective reflexivity and agency.
Keywords
  • Technological normativity,
  • legal normativity,
  • law and technology,
  • individual and collective reflexivity and agency
Publication Date
Winter March 18, 2009
Citation Information
Antoinette Rouvroy. "Regulation through law vs. regulation through technology: the virtues of the explicit." Vox Internet Workshop: Technical regulation of the Internet - From Standardization to Behavioural and Societal Norms. Paris, 31 March 2009 (2009)
Available at: http://works.bepress.com/antoinette_rouvroy/27/