TOWARDS A 'TECHNOLOGICALLY IMMERSIVE' LAW: REGULATORY EXPERIMENTATION IN COMPARATIVE PERSPECTIVE. The aim of the paper is to analyse and systematise the most recent normative experiences that, within a comparative panorama that is still inevitably fragmented, can be traced back to a "dualistic" conception of technology in relation to law, on the one hand, and to an idea of law and regulation as 'immersive' with regard to technology, on the other hand. Artificial intelligence-based systems in the context of the exercise of public functions has been identified as the most paradigmatic example of this trend. The adaptation of existing regulatory tools can play a decisive function in order to ensure a physiological integration of the digital and technological architecture into the preexisting constitutional matrix, via the enactment of r such as regulatory sandboxes and algorithmic impact assessment tools.
Verso un diritto “technologically immersive”: la sperimentazione normativa in prospettiva comparata / Penasa, Simone. - In: DPCE ONLINE. - ISSN 2037-6677. - ELETTRONICO. - 2023:1(2023), pp. 671-696. [10.57660/dpceonline.2023.1868]
Verso un diritto “technologically immersive”: la sperimentazione normativa in prospettiva comparata
Penasa, Simone
2023-01-01
Abstract
TOWARDS A 'TECHNOLOGICALLY IMMERSIVE' LAW: REGULATORY EXPERIMENTATION IN COMPARATIVE PERSPECTIVE. The aim of the paper is to analyse and systematise the most recent normative experiences that, within a comparative panorama that is still inevitably fragmented, can be traced back to a "dualistic" conception of technology in relation to law, on the one hand, and to an idea of law and regulation as 'immersive' with regard to technology, on the other hand. Artificial intelligence-based systems in the context of the exercise of public functions has been identified as the most paradigmatic example of this trend. The adaptation of existing regulatory tools can play a decisive function in order to ensure a physiological integration of the digital and technological architecture into the preexisting constitutional matrix, via the enactment of r such as regulatory sandboxes and algorithmic impact assessment tools.File | Dimensione | Formato | |
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