Posthuman Law: Information Policy and the Machinic World
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It has been an unspoken assumption that the law is made by humans for humans. That assumption no longer holds: The subject of information policy is increasingly flows between machines, machinic rather than social values play ever-more important roles in decision-making, and information policy for human society is being supplemented, supplanted, and superceded by machinic decision-making. As the barrier between the human and machinic falls with implantation of chips within the body and other types of intimate relationships, and as dependence upon the information infrastructure continues to grow, the question of the rights of technological systems themselves is entering the legal system. This paper explores information technologies as the policy subject, as determinant of the values that inform information policy, and as policy-makers. All of these are manifestations of a transformation in the legal system so fundamental that it may be said that we are entering a period of posthuman law. Copyright ©2002, First Monday.
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