Law and Automation (LAWS90240)

“Automation” describes the use of machines to perform tasks that would typically be executed by humans. This subject considers law and machine-use through the lens of certain key inventions. The goal is to analyse the actual or potential impact of more recent developments (including: the Internet; virtual reality; blockchain technology; and machine learning) within the broader context of technological change. Whilst the terms “technology” and “automation” often recall digital innovation, many strides have been made throughout history that have had a profound and lasting impact on the legal system. By considering these developments in context, we equip ourselves better to analyse the legal significance of newer technologies.

Beginning with some foundational questions about the interaction between technology, justice and democracy, the subject covers many areas in which the law has evolved to accommodate or control innovation and automation. These areas include: forensic science; information monopolies and copyright; audio-visual technologies and privacy; engineering and high-speed travel; data networks; cryptography; simulation; and statistical algorithms. The subject charts a path from Bronze Age codes that emerged to govern tool use, through Classical Age machines of democratic participation, instruments of Medieval crime and punishment, the artefacts of the Printing and Industrial Revolutions, to the present Information Age.

Principal topics include:

• The Kleroterion: sortition and fundamental questions in law and technology (justice, respect, democracy, and the rule of law).
• The Polygraph: truth-seeking, fraud and forensic science.
• The Printing Press: information monopolies, copyright, and the practice of law.
• The Camera: audio-visual technologies, privacy and anthropometry.
• The Internet: property law and digital systems.
• Virtual Reality: assault and psychiatric harm.
• Blockchain Technology: governance and smart contracts.
• Machine Learning: revisiting fundamental questions in law and technology (justice, respect, democracy, and the rule of law).