Disruptive technologies and the rule of law
Matheus Puppe Magalhães · Brazilian Journal of Law Technology and Innovation · 2023
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.