Verfassungsblog ()

Invisible Drivers Behind Formal Law

  • Gráinne de Búrca,
  • Balakrishnan Rajagopal,
  • Larry Catá Backer,
  • Pascal McDougall,
  • Gabriele Wadlig

Journal volume & issue
no. 2366-7044

Abstract

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Formal legal rules do not appear out of thin air. Rather, their emergence is conditioned by frameworks that are invisible to the formalist perspective. This panel looks at how formal law is driven by an array of less visible factors: data, algorithms, and broader “background rules”.