The law in computation

What machine learning, artificial intelligence, and big data mean for law and society scholarship

Bibliographic Data

ID6090465
AuthorsTania Docarmo (0000-0002-9128-7646, Legal Studies, University of Massachusetts Amherst Amherst Massachusetts USA, corresponding author), Stephen Rea (0000-0002-2732-6014, Humanities, Arts and Social Sciences Colorado School of Mines Golden Colorado USA), Evan Conaway (Center for International Security and Cooperation, Stanford University Stanford California USA), John R Emery (University of California, Irvine), John Emery (Department of Anthropology University of California Irvine Irvine California USA), Noopur Raval (0000-0002-7934-5559, AINow Institute, New York University New York New York USA)
Year2021
Volume43
Issue2
Pages170-199
Publication date2021-04-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueLaw & Policy (JOURNAL)
Journal identifiersISSN: 0265-8240 • E-ISSN: 1467-9930
PublisherWiley (PUBLISHER • GB)
DOI10.1111/lapo.12164
OpenAlexW3139800738
LanguageEN
Citations received1
References cited79

Computational systems, including machine learning, artificial intelligence, and big data analytics, are not only inescapable parts of social life but are also reshaping the contours of law and legal practice. We propose turning more law and social science (LSS) attention to new technological developments through the study of “law in computation,” that is, computational systems' integration with regulatory and administrative procedures, the sociotechnical infrastructures that support them, and their impact on how individuals and populations are interpellated through the law. We present a range of cases in three areas of inquiry ‐ algorithmic governance, jurisdiction and agency ‐ on issues such as immigration enforcement, data sovereignty, algorithmic warfare, biometric identity regimes, and gig economies, for which examining law in computation illuminates how new technological systems' integration with legal processes pushes the distinction between “law on the books” and “law in action” into new domains.We then propose future directions and methods for research. As computational systems become ever more sophisticated, understanding the law in computation is critical not only for LSS scholarship, but also for everyday civics

Big data · Corporate governance · Data mining · Economics · Law enforcement · Legal aspects of computing · Management · Political science · Sociology · Artificial Intelligence in Law · Computer Science · Ethics and Social Impacts of AI · Law · Law, AI, and Intellectual Property · Artificial Intelligence

Tools

Open DOI