The Construction of a Normative Framework for Technology-Driven Innovations: A Legal Theory Perspective

摘要: Technology developments change the way we conceive normative force of law and legal systems. Traditionally based on written texts, their interpretation by a professional class jurists, normativity seems nowadays to migrate into technological devices, increasing performative effect regulation. This shift calls question “flexibility” as fundamental performance rule constitutional democracy. These problems can only be addressed taking consideration multifactorial prism regulation, in pluralistic dimension that has been highlighted studies architectural cyberspace and, particular, “code”. In this perspective, asserting devices are sheer “instruments” divested implications is anything but an illusion: regulative force, fact, embedded own “design” from outset. Before envisaging scenarios dominated ungovernable technology, it therefore useful emphasize “responsibility” coders operators. way, human responsibility re-emerges crucial factor for elaboration framework preserves conditions intersubjective coexistence marked freedom.