Abstract
AbstractTechnological developments increasingly enable monitoring and steering the behavior of individuals. Enforcement of the law by means of technology can be much more effective and pervasive than enforcement by humans, such as law enforcement officers. However, it can also bypass legislators and courts and minimize any room for civil disobedience. This significantly reduces the options to challenge legal rules. This, in turn, can impede the development of legal systems. In this paper, an analogy is made with evolutionary biology to illustrate that the possibility to deviate from legal rules and existing norms is sometimes necessary for the further development of legal systems. Some room to break the law, for instance, through civil disobedience or imperfect enforcement of the law, will ensure sufficient variation. This allows for properly evolving legal systems that can continue to provide fair solutions, even when society and concepts of fairness further develop.
Publisher
Springer Science and Business Media LLC
Subject
Library and Information Sciences,Computer Science Applications
Reference59 articles.
1. Bayamlıoğlu, E., & Leenes, R. (2018). The ‘rule of law’ implications of data-driven decision-making: A techno-regulatory perspective, Law, Innovation and Technology, 10 (2) (2018), p. 295–313.
2. Berman, F. (1991). South Africa: A study of Apartheid Law and its enforcement. Touro Journal of Transnational Law, 2(1), 1–66.
3. Booy, R., Hendriks, R. J. J., Smulders, M. J. M., Van Groenendael, J., & Vosman, B. (2000). Genetic Diversity and the Survival of Populations. Plant Biology 2: 379–395. 2. https://doi.org/10.1055/s-2000-5958.
4. Borelli, D., & Gatt, L. (2019). Privacy by design and by default and Data Protection Impact Assessment (DPIA). European Journal of Privacy Law & Technology, 100.
5. Bygrave, L. A. (2020). Article 25 data protection by design and by default. In L. Bygrave (Ed.), The EU General Data Protection Regulation (GDPR). Oxford University Press.