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Law and Technology (LAW-DS-TECH-24)

LAW-DS-TECH-24

Description

The law impacts technology. Technology impacts the law. Beyond these basic truths, the interaction between law and technology is all uncertain. Some voices pretend that the law limits innovation that stems from technological change. Others believe the exact contrary. The 2023 kerfuffle over the call to temporarily ban research on generative Artificial Intelligence (“AI”) systems best exemplify the issue. Perhaps, both views are true. But can they be true at the same time, and in relation to the same laws and technologies? In what circumstances does one view dominate the other? Do other regularities govern the relationship between law and technology? Can they be seen in patterns or trends? And do these deep structural relations hold true across areas of the legal system, and across technologies?

This course’s core aim is to supply a framework to address these questions. Today, we do not have the beginning of a good answer to predict how law and technology work together. Our limited state of knowledge is unfortunate. Technology is key to human flourishing. And the law is a necessary institution of any human society. Neither of them is about to disappear anytime soon.

Absent a systematic understanding of the ways in which law and technology interact, incomplete approaches proliferate in the legal literature. Some works regrouped under the umbrella term law and tech (“law & tech”) tend to approach the issue holistically. But that scholarship focuses predominantly on the legal problems raised by technology (Tranter, 2011). And law & tech’s methods are not entirely satisfactory, in particular, because they predominantly default to existing law’s traditional interests in line with the culture of precedent, and understandably decline on selecting new values which is what policy and lawmakers must do all the time.

Outside of that field, the relationship between law & technology is treated on a siloed basis. For example, the emerging legal scholarship on AI pays only marginal interest to prior ethical discussions in relation to human cloning, DNA sequencing, or gene editing. The “compartmentalization” of legal research (Bernstein, 2007) is clearly a problem, given the largely “combinatorial” nature of technology (Arthur, 2011).

Last, most of the law and technology scholarship focuses on digital, leaving other important technological fields like bio chemistry and others subject to substantial legal uncertainty.

Overall, very few clear and actionable takeaways about the relations between law and technology emerge from the literature. This course represents an attempt to overcome this state of affairs. It is based on four key propositions: one, there are deep structural relations between law & technology; two, the deep structural relations between law and technology can be studied and described; three, a bargain between law’s demands for ethics, and technology’s demand for efficiency structures legal and technological outcomes, and many deep factors like technological literacy or the timing of policymaking affect the bargain; four, some general lessons can be derived from an empirical study of law and technology’s relations.

Reading list: https://readinglist.eui.eu/leganto/public/39EUI_INST/lists/2264140170008406?auth=SAML&idpCode=SAML_LEGANTO


First, Second & Third Term: registration from 26 to 30 September 2024

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