Novel Entanglements of Law and Technology
Chapter 7: The ends of law: address and redress
The third part of this book inquires into the implications of smart technologies and data-driven agency for the law. There are two good reasons for this. First, an investigation of the threats detected in the onlife world clarifies that a number of fundamental rights are at stake. As argued in the chapter on agency and privacy in Japan, it is crucial that these issues are not only discussed in terms of ethics and duties, but also in terms of enforceable individual rights. In Chapter 9 I will address this point by means of an inquiry into the fundamental right to data protection, as stipulated in the Charter of Fundamental Rights of the European Union (CFREU). This allows me to demonstrate how this particular right overlaps with some of the other rights that are at stake, while enabling an approach that is specifically relevant to the implications of data-driven intelligence. The second reason concerns the question of how pre-emptive infrastructures affect the mode of existence of modern law and what conception of law we need to cope with the challenges it faces. By mode of existence I mean nothing more than the way that law exists, since it obviously does not exist in the same way as a table (which is a matter of matter and function and form and meaning), or in the same way as a religion or the economy (which generates functions and forms and meaning while developing complex relationships with tables and candles and manufacturing and prayers).
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