The ghost in the legal machine: algorithmic governmentality, economy, and the practice of law
Journal of Information, Communication and Ethics in Society
ISSN: 1477-996X
Article publication date: 26 January 2018
Issue publication date: 8 March 2018
Abstract
Purpose
This paper aims to investigate algorithmic governmentality – as proposed by Antoinette Rouvroy – specifically in relation to law. It seeks to show how algorithmic profiling can be particularly attractive for those in legal practice, given restraints on time and resources. It deviates from Rouvroy in two ways. First, it argues that algorithmic governmentality does not contrast with neoliberal modes of government in that it allows indirect rule through economic calculations. Second, it argues that critique of such systems is possible, especially if the creative nature of law can be harnessed effectively.
Design/methodology/approach
This is a conceptual paper, with a theory-based approach, that is intended to explore relevant issues related to algorithmic governmentality as a basis for future empirical research. It builds on governmentality and socio-legal studies, as well as research on algorithmic practices and some documentary analysis of reports and public-facing marketing of relevant technologies.
Findings
This paper provides insights on how algorithmic knowledge is collected, constructed and applied in different situations. It provides examples of how algorithms are currently used and how trends are developing. It demonstrates how such uses can be informed by socio-political and economic rationalities.
Research limitations/implications
Further empirical research is required to test the theoretical findings.
Originality/value
This paper takes up Rouvroy’s question of whether we are at the end(s) of critique and seeks to identify where such critique can be made possible. It also highlights the importance of acknowledging the role of political rationalities in informing the activity of algorithmic assemblages.
Keywords
Acknowledgements
This research has been carried out as part of the Leverhulme Interdisciplinary Network on Cybersecurity and Society (LINCS) at Queen’s University Belfast. Funding for this project has been jointly provided by the Leverhulme Trust and Queen’s University Belfast, where the original programme design and bid originated. The author is very grateful for the advice given by Professors John Morison and Daniel Crookes, and Dr Muiris McMacCarthaigh on earlier versions of this paper; Simon Rogerson and the reviewers for their extremely helpful comments; and Anthony Behan and Georgios Glouftsios for their valuable input.
Citation
Harkens, A. (2018), "The ghost in the legal machine: algorithmic governmentality, economy, and the practice of law", Journal of Information, Communication and Ethics in Society, Vol. 16 No. 1, pp. 16-31. https://doi.org/10.1108/JICES-09-2016-0038
Publisher
:Emerald Publishing Limited
Copyright © 2018, Emerald Publishing Limited