Law As an Affordance: The Devil Is in the Vanishing Point(s)

Mireille Hildebrandt


This Reply to Critics takes the vantage point of “affordances” to respond to the reviews of five noted scholars of law, philosophy and political science to Smart Technologies and the End(s) of Law: Novel Entanglements of Law and Philosophy. The reply interacts with the points made, by revisiting the dependencies between law and its technological embodiment, insisting that we cannot take for granted that the upcoming onlife world of preemptive computing will “afford” a Rule of Law that safeguards the testability and contestability of subliminal decision-making, without, however, falling prey to economic, political, social or even technological determinism.

Full Text: