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2 - The Legal Role of Algorithms

Published online by Cambridge University Press:  01 October 2021

Shawn Bayern
Shawn Bayern
Affiliation:
Florida State University
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Summary

This chapter highlights “agreements” and other legal instruments as the most convenient and functional mechanism by which existing private law can recognize algorithms. Algorithms with verifiable state can be the basis for contractual terms and conditions and can thereby be recognized by legal processes. This general mechanism is a better practical and conceptual fit than other proposed legal treatments for algorithms, such as the common law of agency (i.e., vicarious action).

Keywords

algorithmscontract lawterms and conditionsagency lawagreementstransactional lawlegal instruments
Type
Chapter
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Autonomous Organizations , pp. 18 - 45
Publisher: Cambridge University Press
Print publication year: 2021

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