Journal of Cross-disciplinary Research in Computational Law <p>The <strong><em>Journal of Cross-disciplinary Research in Computational Law</em></strong><strong> (CRCL)</strong> invites excellence in law, computer science and other relevant disciplines with a focus on two types of ‘legal technologies’: (1) <strong>data-driven</strong> (e.g. predictive analytics, ‘intelligent’ search) and (2) <strong>code-driven</strong> (e.g. smart contracts, algorithmic decision-making (ADM), legal expert systems), and (3) their hybrids (e.g. <strong>code-driven decision-making based on data-driven research</strong>).</p> <p>Legal practice is where computational law will be resisted, used or even fostered. CRCL wishes to raise questions as to (1) when the introduction of legal technologies should be resisted and on what grounds, (2) how and under what conditions they can be integrated into the practice of law and legal research and (3) how their integration may inform, erode or enhance legal protection and the rule of law.</p> <p>Please <strong><a href="">subscribe</a></strong> for updates on upcoming articles and issues.</p> <p><a href="">Full archive</a> ◉ <a href="">About CRCL</a> ◉ <a href="">Editorial team</a> ◉ <a href="">Submissions</a></p> en-US (The CRCL Editors) (Laurence Diver) Fri, 17 Nov 2023 00:00:00 +0100 OJS 60 Platforms as Law <p class="Abstracttext">This paper aims to offer a nomic (legal-spatial-political) concept of platform at the interface between modern legal theory and contemporary speculative philosophy. I argue that the ‘code as law’ debate has been dominated by ‘legal correlationism’, a theoretical framework based on the is/ought distinction in which ‘code’ appears as a technological fact to be regulated by legal norms. I propose an alternative approach via speculative legal theory in order to take code as law in a literal sense. I rework Carl Schmitt’s notion of ‘nomos’ to produce a legal concept of platform that avoids correlationism. I frame both modern law and computational platforms as nomic platforms, though based on different conceptions/experiences of technics, and map out their respective operations. I discern three types of norms active in nomic platforms: coded, interfacial and environmental norms, the first two of which have been often confused, while the third remain largely unknown to legal theory. Finally, I seek to offer a set of concepts meant to render cloud platforms intelligible in nomic terms, especially those of device, application, interface and user, introducing the notion of the transdividual user as the correlate of algorithmic governance. I close by emphasising that, though it is vital to criticise platform nomics and protect the affordances of law-as-we-know-it, those efforts should be supplemented by theoretico-practical speculation about what law may become.</p> <p class="Abstracttext"><strong>Reply by <a href="" target="_blank" rel="noopener">Cecilia Rikap</a></strong>, University College London.</p> José Antonio Magalhães Copyright (c) 2023 José Antonio Magalhães Fri, 17 Nov 2023 00:00:00 +0100