Dilemmas in legal governance

Pompeu Casanovas Romeu, Noriega Pablo

Research output: Contribution to journalArticleResearchpeer-review


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.
Original languageEnglish
Pages (from-to)1-20
Number of pages20
JournalJournal of open access to law
Issue number1
Publication statusPublished - 2022


  • Artificial Intelligence Governance
  • Legal Governance
  • Power
  • Dilemmas
  • Hybrid Intelligence
  • Collective intelligence
  • Legal isomorphism
  • Rules as Code


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