(ISSN 2689-0283 (Print); 2689-0291 (Online); ISBN 978-1-949943-08-5 (paperback); 978-1-949943-09-2 (Digital).
The theme of this volume is ” The Self-Reflexive Imaginaries of Law: Essays on Contemporary Legalization in an Age of Algorithmic Law and Platform Governance.” The seven essays in this issue explore the ways that this movement from the sovereign legal to plural legalities–that is from the formal, qualitative, and public expression of command, to its insinuation into the practices, habits, and expectations of collective bodies—have become deeply embedded each in the other. One does not speak here of zero sum binaries. One speaks here of union that produces new forms of managing individuals and in the process reshaping the institutions developed for that purpose. In the process the legal becomes both more variegated and diffuse. The essays are organized in two parts. The first, The Condition of Law, considers the modalities of insinuation of disciplinary legalities alongside, beneath, and within the traditional architecture of law its public institutions. This part includes three essays. The first suggests the structures of weaving between the old orthodox national legal orders and the emerging plural legalities, both qualitative and quantitative. The second considers how this weaving is manifested in the governance behaviors of the institutions of the Norwegian Pension Fund Global. The third focuses on the way that interpretation changes to suit the times and the memories of those who then apply them to interpret the norms and rules of collective organizations. The second, Algorithmic Law and Platform Governance, suggest the ways that the condition of law is further shaped by the modalities used to0 express and apply it. This part includes four essays. The first considers the way in which democracy is quantified by private actors in liberal democratic political orders. The second considers four inter-related stories: (1) the disciplining of Jack Ma; (2) the completion of the first cycle of data protection and cybersecurity laws in China; (3) the detachment of data services from Ant; (4) the glimmerings of the Western parallel developments in the contest between Australia and Facebook. The third essay considers forms of quantitative corruption by considering the way that data was corrupted in the production of World Bank reporting efforts, in the course of which data was manipulated for the benefit of certain states. The last essay considers the regulatory application of ‘wokeness’ in China by considering recent Chinese efforts to report online expression that violates community standards, and the regulation of algorithmically based recommendations systems.
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CONTENTS
Front Matter (view here)
A. Introduction
The Self-Reflexive Imaginaries of Law: Essays on Contemporary Legalization in an Age of Algorithmic Law and Platform Governance Vol. 16(2) editors (Access here)
B. The Condition of Law
1.Law is What it Says it is. . . Thoughts on Weaving the Strands of Emerging Systems of Enforceable Expectations in Contemporary Global Order(ings); Coalition for Peace & Ethics Prepared by Larry Catá Backer (Access here)
2. The Private Law of Public Law: Brief Observations on Decisions from the Norwegian Pension Fund Global Larry Catá Backer (Access here)
3. Memory, Solidarity, and Social Collectives in Heartland and Periphery: From the Chinese Massacre of 1911 in Torreón, Mexico to the 1944 Landing at Normandy; Larry Catá Backer (Access here)
C. Algorithmic Law and Platform Governance
1. Data Driven Democracy (in the West): A Look from the Field and the Quantitative Turn; Larry Catá Backer (Access here)
2. Platform Government: The Emerging State of Contests for Control of Society From Jack Ma and China to Mark Zuckerberg; Larry Catá Backer (Access here)
3. Algorithmic Corruption: The Case of the World Bank and its Rating Systems; Larry Catá Backer (Access here)
4. The Woke State and Publicly Managed Social Collectives: China Leads the Way ; Larry Catá Backer (Access here)