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Laurence Diver combines insight from legal theory, philosophy of technology and programming practice to develop a new theoretical and practical approach to the design of legitimate software. The book critically engages with the rule(s) of code, arguing that, like laws, these should exhibit certain f...

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Language:English
Published: Edinburgh University Press 2023
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spelling oapen-20.500.12657-623142024-03-27T14:14:50Z Digisprudence Laurence E Diver Harbinja, Edina Schafer, Burkhard Law Jurisprudence thema EDItEUR::L Law::LA Jurisprudence and general issues Laurence Diver combines insight from legal theory, philosophy of technology and programming practice to develop a new theoretical and practical approach to the design of legitimate software. The book critically engages with the rule(s) of code, arguing that, like laws, these should exhibit certain formal characteristics if they are to be acceptable in a democracy. The resulting digisprudential affordances translate ideas of legitimacy from legal philosophy into the world of code design, to be realised through the ‘constitutional’ role played by programming languages, integrated development environments (IDEs), and agile development practice. The text interweaves theory and practice throughout, including many insights into real-world technologies, as well as case studies on blockchain applications and the Internet of Things (IoT).Whenever you use a smartphone, website, or IoT device, your behaviour is determined to a great extent by a designer. Their software code defines from the outset what is possible, with very little scope to interpret the meaning of those ‘rules’ or to contest them. How can this kind of control be acceptable in a democracy? If we expect legislators to respect values of legitimacy when they create the legal rules that govern our lives, shouldn’t we expect the same from the designers whose code has a much more direct rule over us? 2023-04-12T05:31:13Z 2023-04-12T05:31:13Z 2021 book 9781474485326 9781474485357 https://library.oapen.org/handle/20.500.12657/62314 eng application/pdf Attribution-NonCommercial 4.0 International external_content.pdf Edinburgh University Press Edinburgh University Press 2a191404-86cd-479e-afc8-ff2b8d611a94 b818ba9d-2dd9-4fd7-a364-7f305aef7ee9 H2020 European Research Council 9781474485326 9781474485357 Knowledge Unlatched (KU) European Research Council (ERC) Edinburgh University Press 788734 Knowledge Unlatched open access
institution OAPEN
collection DSpace
language English
description Laurence Diver combines insight from legal theory, philosophy of technology and programming practice to develop a new theoretical and practical approach to the design of legitimate software. The book critically engages with the rule(s) of code, arguing that, like laws, these should exhibit certain formal characteristics if they are to be acceptable in a democracy. The resulting digisprudential affordances translate ideas of legitimacy from legal philosophy into the world of code design, to be realised through the ‘constitutional’ role played by programming languages, integrated development environments (IDEs), and agile development practice. The text interweaves theory and practice throughout, including many insights into real-world technologies, as well as case studies on blockchain applications and the Internet of Things (IoT).Whenever you use a smartphone, website, or IoT device, your behaviour is determined to a great extent by a designer. Their software code defines from the outset what is possible, with very little scope to interpret the meaning of those ‘rules’ or to contest them. How can this kind of control be acceptable in a democracy? If we expect legislators to respect values of legitimacy when they create the legal rules that govern our lives, shouldn’t we expect the same from the designers whose code has a much more direct rule over us?
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publisher Edinburgh University Press
publishDate 2023
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