Law, Code and Exploitation: How Corporations Regulate the Working Conditions of the Digital Proletariat

Abstract

Contrary to what orthodox Marxism claims, the article defends that the legal field has been a fundamental aspect of the capitalist social ordering, and an unavoidable feature to understand how dominated subjectivities are produced and exploited. Expanding Lessig’s concept of ‘code as law’ with Marxist scholarly, the article argues that digital capitalists are reorganising work and the labour force through a form of algorithmic regulation. The article states that algorithms – that is, digital machines – have become not only part of the means of production of the era of automation, but also the code by which capitalists are writing the conditions of existence and exploitation of the digital proletariat. The article bridges recent contributions on labour law, AI and algorithmic regulation with the latest Marxist sociological contributions analysing the relation of work and digital exploitation, opening with it new ways to understand how sociotechnical systems owned by corporations regulate the behaviour not only of the working class but of the wider citizenry.