The Future of Computational Law in the Context of the Rule of Law

Abstract

In this position paper, I argue that lawyers must come to terms with the advent of a rich variety of legal technologies and define a series of challenges that the position papers in this special issue aim to identify and address. Before doing so, I address the question of what it means to discuss the future of computational law and how that relates to the Rule of Law. This, in turn, raises the question of whether there could be something like ‘a computational Rule of Law’, or whether that would be a bridge too far because neither the concept nor the practice of Rule of Law lends itself to computation. In that case, how would the integration of computational technologies into legal practice relate to a non-computational Rule of Law? The answer to that question will structure the challenges I see for the uptake of legal technologies, resulting in a research agenda that should enable, guide and restrict the design, deployment and use of legal technologies with an eye to the future of law.