TY - JOUR
T1 - Dilemmas in legal governance
AU - Casanovas Romeu, Pompeu
AU - Noriega Blanco Vigil, Pablo
N1 - This article is a partial result of the EU H2020 Project Optimizing Manufacturing Processes through Artificial Intelligence and Virtualization (OPTIMAI), Grant Agreement No. 958264.
PY - 2022
Y1 - 2022
N2 - This article develops the issue of power and language in Artificial Intelli-gence governance through three dilemmas that should be considered in the design ofregulatory systems. Some previous uses of this figure in the literature are described.The article inspects some design choices that determine how legal governance inAI can be engineered. Stemming from the conundrum that enactment of rights andthe implementation of good or better government can be facilitated at the cost ofincreasing control over citizens through AI-based systems, the article formulatesthree dilemmas—normative autonomy, legal isomorphism, and modes of regulation.Beyond deliberative and epistemic democracy, it expands then the notion of legalgovernance, connecting the three dilemmas with the ethical and political stances ofthe concept of linked democracy.
AB - This article develops the issue of power and language in Artificial Intelli-gence governance through three dilemmas that should be considered in the design ofregulatory systems. Some previous uses of this figure in the literature are described.The article inspects some design choices that determine how legal governance inAI can be engineered. Stemming from the conundrum that enactment of rights andthe implementation of good or better government can be facilitated at the cost ofincreasing control over citizens through AI-based systems, the article formulatesthree dilemmas—normative autonomy, legal isomorphism, and modes of regulation.Beyond deliberative and epistemic democracy, it expands then the notion of legalgovernance, connecting the three dilemmas with the ethical and political stances ofthe concept of linked democracy.
KW - Artificial Intelligence Governance
KW - Legal Governance
KW - Power
KW - Dilemmas
KW - Hybrid Intelligence
KW - Collective intelligence
KW - Legal isomorphism
KW - Rules as Code
M3 - Article
SN - 2372-7152
VL - 10
SP - 1
EP - 20
JO - Journal of open access to law
JF - Journal of open access to law
IS - 1
ER -