“Code is law” Once More
By lambert strether
In a post earlier this year on the foreclosure crisis and In Re Jones (“‘Code is law.’ Literally,” 2012-04-10), besides taking a passing swipe at Larry Lessig, I suggested there are two possible ways to look the foreclosure crisis:
- As a law enforcement problem, where banksters have committed illegal acts;
- and as a jurisprudence problem, where the oligarchs who own proprietary software systems have changed the nature of law itself: Code is law, not metaphorically, but literally.
In the latter case, what we understood the law to have been, in Civics 101, is then rewritten or crippled to conform to the code. Statutes, rules, regulations become vestigial. Code is the driver. (I can’t think another word for this than “revolutionary.” … That’s a rather unpleasant notion.
Two events in the last week or so suggest that, indeed, reality may be behind door #2.
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