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"Code is law" is a meme. Law is a social concept, it has many parts, the statutes, that serve as mementos for past power struggles, the active part which consi
by pas 2y ago
"Code is law" is a meme.
Law is a social concept, it has many parts, the statutes, that serve as mementos for past power struggles, the active part which consist of the courts, prosecutors' discretion, enforcement, and of course society itself, as the workings of these reified components reflect society itself.
Code can of course model some of these, be part of law, and even it can try to complement or supplant certain roles and/or functions from the aforementioned ones, but as long as there are humans in the loop code will not be itself law.
Sure, soon we'll probably end up with RoboCops patrolling the streets, and maybe even AI writing much of the statutes, and eventually even AI making most of the law, but even then code won't be law.