the virtues of the explicit的显式的美德.pptVIP

Technological normativity vs. Legal normativity – the virtues of the explicit Vox Internet II Orange Chair March, 31st - PARIS Antoinette Rouvroy Yves Poullet CRID University of Namur From governance to governmentality Interactions between governance and governmentality Standards: normative neutrality a priori (absence of explicit regulatory aim) implemented and deployed in unpredictable applications, thus hardly revised or challenged (choosing a standard is acting upon the possibilities of action of other people) ICTs and governmentality Impact on structures of human interactions and on social dynamics Ubiquity of ICT cognitive (quasi-prothetic) interfaces, deeply embedded in the fabric of daily life Actuarial turn: detection, classification, forward-looking evaluation (of behaviours, merits, needs, preferences) allowing for preventive and pre-emptive regulation…’onto-power’ shaping subjectivity at pre-conscious stage. What disappears: the capacity to give account of the reasons of our behaviours and preferences. Typology of technological norms Normative intensity: Regulative /(persuasive)/ constitutive (J. Searle, M. Hildebrandt) Transparency or opacity of normative content: Implicit / explicit Articulation with, without or against legal rules: in the prolungation of law / independent from legal rule. Comparison between legal and technological normativities (1) Territorial Scope Linked to a territory and a culture Mode of creation In principle democratic discussion following constitutional rules Mode of expression Explicit through a readable text Transparency of the rule and obtrusive character: visible constraint Mode of dissemination Mainly by publication of the text, technology of script, language Territorial scope To a certain extent, global and a priori not linked to a culture Mode of creation Private or governmental decision following economic or general interest reasons Mode of expression Implicit and apparently obvious (no alternative) T