Realism, Institutionalism and Experimentalism: Ontological foundations for legal thinking concerning socioeconomic processes

07 mai - 08 mai

Coordinators: Diogo Coutinho (University of Sao Paulo Law School), Matías Guiloff (Diego Portales University Law School)

Description of the meeting

In contemporary society, the role of digital oligarchies is expanding, becoming even more evident with the first steps and public demonstrations of the second Trump administration. A significant number of the business leaders behind these oligarchies have already made public statements that exert pressure and raise concerns about democracy and the rule of law. As their algorithms become an essential part of decision-making in governance, law, enforcement, and social regulation, among other areas, it is undeniable that a profound transformation is already underway—one that challenges traditional mechanisms of legal legitimacy and democratic participation.

This workshop aims to critically observe and examine these changes through the lens of socio-legal theories, providing an interdisciplinary platform for researchers to debate the implications—and problems—of algorithmic governance in world society.

Legal sociology has a long tradition of analyzing the connections between legal institutions and society. However, digital oligarchies demonstrate that new variables must be considered in these interactions. These oligarchies—represented by a handful of actors such as Google, Meta, Amazon, and X—are capable of influencing normative expectations through algorithmic processes. This raises fundamental questions about power, accountability, and legal normativity.

In this context, algonormative expectations have become an integral element of contemporary society. Conceptually, these expectations carry the meaning of a double contingency originating in virtual communication, based on algorithms, occurring between a non-human collaborator and a psychic system. As a result, they shape the ways in which individuals and institutions condition their expectations regarding the legal system and how they accept legal decisions in a given social context. Thus, to what extent do these operations reinforce or undermine democratic values? And at what level do digital oligarchies shape algonormative expectations?

The originality of this workshop lies in its combination of theoretical, empirical, and critical perspectives on the intersection of law, digital governance, and social exclusion. By bringing together scholars from different regions of world society, the workshop aims to foster a comparative and transnational understanding of these issues.

Our two-days workshop will be structured around four main themes:

  1. Algonormativity and Digital Oligarchies: Is Democracy in Danger? (First day, morning) – Examining the theoretical foundations of algonormativity and its implications for democratic governance.
  2. Are Algorithms Redefining the Role of Law? Control and Algorithmic Punishment through Digital Oligarchies? (First day, afternoon) – Analyzing how algorithmic decision-making influences legal control and punitive measures.
  3. Digital Oligarchies and the Threats to the Rule of Law (Second day, morning) – Investigating the erosion of legal certainty and judicial independence in the face of algorithmic governance.
  4. Algorithms, Democracy, and Law: Inclusion/Exclusion (Second day, afternoon) – Discussing the paradoxes of algorithmic inclusion and exclusion within legal systems.

This workshop will engage with contemporary socio-legal debates while drawing from socio-legal theories. In doing so, it will offer a unique opportunity to assess how law is being redefined in different regions of world society and explore new avenues for legal scholarship in an era of digital transformation.

Para más información: 

Workshop Coordination Team

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E: workshop@iisj.es

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