Disruptive technologies and the rule of law: autopoiesis on an interconnected society

Abstract

Disruptive technologies are expanding and information flow increasing. Due to the new technologies, we are facing unavoidable new challenges and ongoing changes. However, the law as the meta-technology crucial for the fourth revolution still thrives on an algorithmic and data-driven world. The law adjusts itself to the new realities, framing the ought to be’s of society, being reshaped by progressive developments. As such a mirror held up against life, it now reflects an interconnected, cosmopolitan, and global world. As a result, following the wishes and needs of markets and societies per si, corporations, private parties, universities, and even governments and natural persons are in a constant process of global legal rules creation. A process similar to the Lex mercatoria, able to effectively frame the fast-paced advances, as an autopoietic legal process - now driven by nontraditional players. A variety of technologies and processes are getting incorporated into the law - such as dispute resolution over algorithms, simplified international contracts, social “quasi-legal” sanctions widely spread by social media, protection of intellectual property, through and especially by the use of machine learning, AI and autonomous technologies - growing in importance and being materialized in previously inconceivable ways. Binding and self-enforceable, the reshaped rule of law follows society's expectations, framing autonomous technologies and artificial intelligence, yet being framed by those, ensuring our rights globally, in an effective but innovative way.