Is Code Destined To Supersede Law? Behavioural Control By Code And Legal Theory

Abstract

Critically engaging with the works of Roger Brownsword, Mireille Hildebrandt and William Lucy, the article addresses the increasing reliance on computer codes and intelligent physical infrastructure as behavioural control tools and its implications for modern state law. It is argued that, if we look at the new developments in the context of broader social and institutional trends (like the rise of Internet platforms), instead of the prospect of code superseding the law, we face complex practical challenges related to the dynamic balance between different modes of guiding and controlling behaviour in legal regulation.

Keywords: behavioural control by code, normativity, administrative state, Internet platforms, compliance regulation, bespoke regulation, outsourced law