The open texture of ‘algorithm’ in legal language

Bibliographic Data

ID20399113
AuthorsDavide Baldini (University of Florence), Matteo De Benedetto (0000-0002-8155-6750, Ruhr University Bochum, corresponding author)
Year2025
Volume40
Issue3
Pages1643-1654
Publication date2025-03-01
Open AccessYes
TypeARTICLE
VenueAI & Society (JOURNAL)
Journal identifiersISSN: 0951-5666 • E-ISSN: 1435-5655
PublisherSpringer Science and Business Media LLC (PUBLISHER)
DOI10.1007/s00146-024-01925-z
OpenAlexW4394674485
LanguageEN
Citations received1
References cited44

In this paper, we will survey the different uses of the term algorithm in contemporary legal practice. We will argue that the concept of algorithm currently exhibits a substantial degree of open texture, co-determined by the open texture of the concept of algorithm itself and by the open texture inherent to legal discourse. We will substantiate our argument by virtue of a case study, in which we analyze a recent jurisprudential case where the first and second-degree judges have carved-out contrasting notions of algorithm. We will see that, thanks to our analysis of the open texture of the notion of algorithm in legal language, we can make sense of the different decisions taken by the judges as different contextually-determined sharpenings of the concept of algorithm. Finally, we will draw some general conclusions concerning the use of technical terms in legal instruments that address new technologies, such as the EU AI Act

Algorithm · Art · Natural language processing · Performing arts · Visual arts · Artificial Intelligence in Law · Computer Science · Law in Society and Culture · Law, AI, and Intellectual Property · Artificial Intelligence

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