Edinburgh University Press
Digisprudence: Code as Law Rebooted
About this book
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).
Topics
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Frontmatter
i -
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Contents
v -
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Expanded Table of Contents
vi -
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Illustrations
xi -
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Acknowledgements
xii -
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1 Introduction
1 - Part I Computational Legalism and the Rule(s) of Code
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2 A Design Perspective: Code is More than Law
41 -
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3 A Legal Philosophy Perspective: Code is Less than Law
69 - Part II What Makes a Good Rule?
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4 Criteria for Laws
109 -
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5 Criteria for Code
135 - Part III Legitimating Code: Theory and Practice
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6 The Digisprudential Affordances
157 -
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7 Operationalising Digisprudence
207 -
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8 Rebooting Code as Law: Conclusions and Next Steps
231 -
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Bibliography
241 -
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Index
260