Strategic normative thinking
SNT is introduced as a legal innovation
uses norm science in a way to handle or analyze real world normative problems
Self regulations
systemic measures given by companies, industries, or the whole buisness community to investigate prevent or solve problems in relation to consumers or customers
self regulation
self interest and general interest collide
SNT as a normative design to support self regulation
when new behaviors emerge from society that law has yet to catch up SNT helps design
normative structures that guide behavior (social norms?)
configurations that take into account different motivations attitudes etc
Gene tech - law lag and state acceptance of risk
chapter uses swedish code regulation as an example of law lagging behind technological innovation
due to unknown consequences regulation now requires aprovals before introducing new products that include gmo
the normativity of tech: digital disrupt
gigital tech and AI are described as disruptive and conflict with the ways of doing things
problems are often cognitive before normative
old rules become obstacles to new forms of work lifestyle and trade
lagging mentality which involves looking through the lens of the old society and old problems subjected onto them
tech development generates new normative conditions faster than traditional law making can respond
code is law
law constrains via sanctions
societal norms contrain via stigma
markets contrain via prices
architechure contrains via what is technically possible or impossible
code includes features selected by programmers that permit block or channel behaviors in a sense code is regulation just like physical architecture
Algorithms are instructions on what to do with what and what order
together with interfaces
Methodological and regulatory implications
to study algo norms you start from outcomes anfd patterns of action then infer the underlying motives and the effect of those outcomes
Regulatory implications
legal regulation requires knowledge about what is being regulated but with AI we often do not fully know the consequences
normative patterns become empirical questions