Law-jobs in the Algorithmic Society

Pedro BORGES FORTES et David RESTREPO AMARILES, « Law-jobs in the Algorithmic Society », (2022) International Journal of Law in Context 1-12, DOI: 10.1017/S174455232200043X.

It is now well established that algorithms are transforming our economy, institutions, social relations, and ultimately our society. This article explores the question — what is the role of law in the algorithmic society? We draw on the law-jobs theory of Karl Llewellyn and on William’s Twining refinement of Llewellyn’s work through the perspective of a thin functionalism to have a better understanding of what law does in this new context. We highlight the emergence of an algorithmic law, as law performs jobs such as the disposition of trouble-cases, the preventive channeling and reorientation of conduct and expectations, and the allocation of authority in the face of algorithmic systems. We conclude that the law-jobs theory remains relevant to understand the role of law in the algorithmic society, but it is also challenged by how algorithms redefine who does or should do what law-jobs, and how they are done.

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