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marcoalmada.com · @marcoalmada.com@bridge.neodb.net

Rated Digisprudence: Code as Law Rebooted 10/10

A thoughtful approach to code as a source of normativity, proposing criteria for the legitimacy of the norms expressed in software. In doing so, the author engages seriously with the complexities of software development as a field and the materiality of computer systems rather than looking at algorithms as abstract entities. Given the close attachment to the materiality of software, the focus on legisprudence and its conditions of production of legitimate legal orders seems a bit odd, as one might argue that the legitimacy of code should be more akin to the legitimacy of contracts or other social norms, in which legal constraints play a mediate rather than an immediate role. Furthermore, it would be interesting to see how the legitimacy framework can be extended to contexts beyond the end-user-centric debate on affordances. But I only raise these points to make clear that this book is a fruitful inquiry into how technological normativity operates and how it can be controlled. Thus, it is a must-read for those interested in technology law and its foundations.

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