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Why Worry About Automatically Processable Regulation?

A new paper from our group that provides a framework to structure arising issues of computational law while bridging the gap between theoretical literature and practical implementation has been published in the August 2022 issue of Artificial Intelligence and Law.

Abstract: The field of computational law has increasingly moved into the focus of the scientific community, with recent research analysing its issues and risks. In this article, we seek to draw a structured and comprehensive list of societal issues that the deployment of automatically processable regulation could entail. We do this by systematically exploring attributes of the law that are being challenged through its encoding and by taking stock of what issues current projects in this field raise. This article adds to the current literature not only by providing a needed framework to structure arising issues of computational law but also by bridging the gap between theoretical literature and practical implementation. Key findings of this article are: (1) The primary benefit (efficiency vs. accessibility) sought after when encoding law matters with respect to the issues such an endeavor triggers; (2) Specific characteristics of a project—project type, degree of mediation by computers, and potential for divergence of interests—each impact the overall number of societal issues arising from the implementation of automatically processable regulation.

Access the full paper via Alexandria or in Artificial Intelligence and Law.

Author: Simon Mayer

Date: 9. August 2022