An exploration of possible manipulations of the rule of law through technological expertise : a critical approach of the work of Brownsword and Bennett Moses

Abstract

With the exponential improvement of digital technology, the law finds itself disrupted and in a perpetual state of catching up. This discrepancy between the law and technology creates disruptions. With unremedied disruptions towards both substantive law and procedural law, an additional disruption, that towards the Rule of Law becomes apparent. Technologically inclined private entities, states and individuals have taken account of this disruption, and consequently, manipulations spanning from such bodies appeared. Such manipulations necessitate a remedy, to which leading authors Roger Brownsword and Lyria Bennett Moses provide literature containing theories of regulation and mechanisms which might contribute to reducing the disparity between the law and technology. This dissertation seeks to analyse the individual disruptions, scenarios of manipulation and both theories of regulation and mechanisms. Subsequently, an analysis on how effective are the authors’ approaches in addressing the disruption towards the Rule of Law takes place. This analysis argues that albeit both authors and their approaches are not currently sufficient in addressing the disruption towards the Rule of Law, they lay an important steppingstone towards the future of regulation.