TY  - CONF
A1  - Goldoni, Marco
T1  - The normativity of code as law: towards input legitimacy
T2  - 25th IVR World Congress: Law, Science and Technology Frankfurt am Main 15–20 August 2011 ; Paper Series ; 062
N2  - In the debate on how the new information and communication technologies impact on democratic politics the role played by the digital architecture seems to be surprisingly underrated. In particular, while a lot of attention has been paid to the possibilities that new technologies open up to democratic theory, few works have attempted to look at how democracy may help in shaping technologies. By adopting as a starting point the approach known as ‘code as law’, the paper aims at two objectives: to re-affirm the importance of discussing normative principles to guide the process of code writing in order to reinvigorate the debate; to claim the importance of input reasons when deciding which principles should be chosen. After having remarked that code is relevant for establishing democratic norms, the paper briefly tackles with the main attempts by European scholars to deal with this issue. Then, a couple of practical examples of how code impacts on democratic rights are sketched out. In the last section of the paper a shift from an output-based approach to the legitimacy of code to an input-based is openly advocated: an inquiry into the legitimacy of code should focus on its production.
T3  - 25th IVR World Congress: Law, Science and Technology Frankfurt am Main 15–20 August 2011 ; Paper Series - 062 
KW  - Code as Law
KW  - Normative Principles
KW  - Electronic Democracy
KW  - Input Reasons
Y1  - 2012
UR  - http://publikationen.ub.uni-frankfurt.de/frontdoor/index/index/docId/24920
UR  - https://nbn-resolving.org/urn:nbn:de:hebis:30:3-249206
PB  - Goethe-Univ.
CY  - Frankfurt am Main
ER  -