Reboots the debate on 'code as law' to present a new cross-disciplinary direction that sheds light on the fundamental issue of software legitimacy Reinvigorates the debate at the intersection of legal theory, philosophy of technology, STS and design practice Synthesises theories of legitimate legal rulemaking with practical knowledge of code production tools and practice Proposes a set of affordances that can legitimise code in line with an ecological view of legality Draws on contemporary technologies as case studies, examining blockchain applications and the Internet of Things 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). Whenever you use a smartphone, website, or IoT device, your behaviour is determined to a great extent by a designer. Their software code defines from the outset what is possible, with very little scope to interpret the meaning of those 'rules' or to contest them. How can this kind of control be acceptable in a democracy? If we expect legislators to respect values of legitimacy when they create the legal rules that govern our lives, shouldn't we expect the same from the designers whose code has a much more direct rule over us?

About the Author
Laurence Diver is a postdoctoral researcher in COHUBICOL (Counting as a Human Being in the Era of Computational Law) as part of the Research Group on Law, Science, Technology and Society at the Free University of Brussels-VUB. Laurence has contributed to a number of journals including SCRIPTed (where he is also Technical Editor), International Review of Law, Computers and Technology and Artificial Intelligence and Law. He is also co-founder of the Journal of Cross-disciplinary Research in Computational Law (CRCL).

Reviews
"This book offers exceptionally well-argued insights on law and technology. Diver's understanding and deployment of ideas from legal theory and a range of disciplines makes this a brilliant critique of how we have come to understand code" and the role of those who design it. With the regulation of emerging technologies and of powerful players high on the political agenda concerns still too often simplified or misunderstood Digisprudence presents fresh and exciting ways of understanding these issues."" -Daith Mac S thigh, Institute of Art, Design + Technology



Book Information
ISBN 9781474485333
Author Laurence Diver
Format Paperback
Page Count 276
Imprint Edinburgh University Press
Publisher Edinburgh University Press