Our daily lives are currently impacted by ubiquitous decisions made by algorithms, as mathematical formulas and computer code establish instructions that shape the outcomes of markets, state, and society. Because orders embedded in computer programs command how reality ought to be, algorithms are normative and constitute algorithmic law. In this context, the idea of SMART – acronym for Scientific, Mathematical, Algorithmic, Risk, and Technology driven – Law becomes a perspective for analysis of new regulatory techniques already applied for taxation, fin tech, and banking, among other fields.

 

Importantly, critical analysis of select algorithms reveals that they may also be opaque, discriminatory, fraudulent, and unfair. Artificial intelligence and machine learning brings another layer of complexity to this brave new world of algorithmic law, especially because of demands for more transparency, the right for an explanation, and for algorithmic auditing.

 

Likewise, courts are already experimenting with digital justice, by moving from Alternative Dispute Resolution to Online Dispute Resolution. Algorithms are already trained to substitute repetitive work from lawyers and robots may identify similar claims, repetitive appeals, and analogous cases for purposes of unifying these files and providing a single coherent decision applicable for all of them. Exploring the borderlands of law, technology, and society, this symposium provides opportunity for interdisciplinary conversations on theoretical and practical issues, possibilities and contemporary challenges related to algorithmic law in our contemporary societies.