Lessons for Artificial Intelligence from Historical Uses of Soft Law Governance

JURIMETRICS VOL. 61ISSUE NO. 1 (FALL 2020)

17 Pages Posted: 12 Feb 2021

See all articles by Carlos Ignacio Gutierrez

Carlos Ignacio Gutierrez

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Gary E. Marchant

Arizona State University - College of Law

Lucille Tournas

Arizona State University (ASU), Sandra Day O'Connor College of Law

Date Written: December 29, 2020

Abstract

Artificial Intelligence (AI) is the latest example of an emerging technology that pushes regulatory and social boundaries. Stakeholders tasked with resolving these up-and-coming issues face a variety of choices in the selection and implementation of the most appropriate solution. In an effort to contribute to the analysis of alternatives, this Article summarizes the lessons learned from the utilization of soft law in the governance of four emerging technology fields as described in this special issue: (1) Environmental Technologies; (2) Nanotechnology; (3) Information and Communication Technologies (ICT); and (4) Life Sciences. Specifically, it examines the factors that contributed to the implementation of soft law by stakeholders and highlights the characteristics that differentiate it from its counterpart, hard law. The common denominator between AI and the technologies featured herein is their ability to influence significant changes in our society. With its analysis, this Article’s objective is to underscore practices that may maximize AI’s positive impact in the world.

Keywords: artificial intelligence, soft law, emerging technologies, case studies

Suggested Citation

Gutierrez, Carlos Ignacio and Marchant, Gary E. and Tournas, Lucille, Lessons for Artificial Intelligence from Historical Uses of Soft Law Governance (December 29, 2020). JURIMETRICS VOL. 61ISSUE NO. 1 (FALL 2020), Available at SSRN: https://ssrn.com/abstract=3775271 or http://dx.doi.org/10.2139/ssrn.3775271

Carlos Ignacio Gutierrez (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

HOME PAGE: http://https://www.linkedin.com/in/carlosig/

Gary E. Marchant

Arizona State University - College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States
(480) 965-3246 (Phone)
(480) 965-2427 (Fax)

Lucille Tournas

Arizona State University (ASU), Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ
United States

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