Affording Fundamental Rights

4:1 Critical Analysis of Law (2017)

12 Pages Posted: 15 Mar 2017

See all articles by Julie E. Cohen

Julie E. Cohen

Georgetown University Law Center

Date Written: March 13, 2017


Mireille Hildebrandt’s Smart Technologies and the End(s) of Law (2015) raises questions for law that are best characterized as meta-institutional. This review essay considers the implications of Hildebrandt’s work for the conceptualization of fundamental rights. One consequence of the shift to a world in which smart digital technologies continually, immanently mediate and preempt our beliefs and choices is that legal discourses about fundamental rights are revealed to be incomplete along a dimension that we have simply failed to recognize. To remain effective in the digital age, rights discourse requires extension into the register of affordances.

Suggested Citation

Cohen, Julie E., Affording Fundamental Rights (March 13, 2017). 4:1 Critical Analysis of Law (2017), Available at SSRN:

Julie E. Cohen (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States
202-662-9871 (Phone)
202-662-9411 (Fax)


Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Abstract Views
PlumX Metrics