Is Code Destined to Supersede Law?: Behavioural Control by Code and Legal Theory

Zsolt Ződi; Matyas Bodig

doi:10.1017/S0008197325000029

Is Code Destined to Supersede Law? Behavioural Control by Code and Legal Theory

Zsolt Ződi
, Matyas Bodig^* (Corresponding Author)

^*Corresponding author for this work

Ludovika University of Public Service

Research output: Contribution to journal › Article › peer-review

Abstract

Critically engaging with the works of Roger Brownsword, Mireille Hildebrandt and William Lucy, the article addresses the increasing reliance on computer codes and intelligent physical infrastructure as behavioural control tools and its implications for modern state law. It is argued that, if we look at the new developments in the context of broader social and institutional trends (like the rise of Internet platforms), instead of the prospect of code superseding the law, we face complex practical challenges related to the dynamic balance between different modes of guiding and controlling behaviour in legal regulation.

Original language	English
Pages (from-to)	175-208
Number of pages	34
Journal	Cambridge Law Journal
Volume	84
Issue number	1
Early online date	6 Mar 2025
DOIs	https://doi.org/10.1017/S0008197325000029
Publication status	Published - Mar 2025

Bibliographical note

Open access via the CUP agreement

The authors are grateful to Mátyás Bencze, Abbe Brown, Péter Cserne, J.P. Fassnidge, Erin Ferguson, Péter Sólyom, Miklós Szabó and Patricia Živković for their helpful comments on an earlier draft of the article. We also thank the two anonymous reviewers for their constructive suggestions.

Keywords

behavioural control by code
normativity
administrative state
Internet platforms
compliance regulation
bespoke regulation
outsourced law

Access to Document

10.1017/S0008197325000029Licence: CC BY

Ződi_etal_CLJ_Is_Code_Destined_VoR
This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
Final published version, 309 KBLicence: CC BY

Cite this

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