Mireille Hildebrandt published ‘Computationeel tegenspel: de nieuwe ruimte van het recht’ in Actioma.
In this article, she reflects on code-driven law, which is about to play an increasingly important role in the domain of law. She explores the text-driven nature of the current positive law and its interaction with the rule of law principle. She goes back to that principle and argues that it must be anchored in the new domain of law in the form of ‘legal protection by design’. To this end, she argues for the computational counterplay as a protection against automated legal decision-making, which can be non-transparent, unfair and/or unjust.
For full article (in Dutch), click here.