Translating Law and Code in Government: Algorithmic Decisions and Their Legal Effects in Canada

Area of Science:

• Socio-legal studies
• Science and Technology Studies (STS)
• Public Administration

Background:

• The increasing digitization of government services involves translating legal rules into computer code.
• Automated decision-making systems are being used to make legal distinctions in public administration.
• Understanding the intersection of law and technology is crucial for analyzing contemporary governance.

Purpose of the Study:

• To analyze the translation of law into computer code within government.
• To examine how automated decision-making systems mediate legal effects.
• To investigate the construction and contestation of legitimacy in code-driven law.

Main Methods:

• Utilizing the sociology of translation and Bruno Latour's theory of law.
• Tracing the extension of legal force through computer systems.
• Analyzing Canadian government projects exemplifying "rules-as-code" and sociotechnical systems.

Main Results:

• Government digital service design choices significantly shape public policy outcomes and legal effects.
• The concept of "rules-as-code" demonstrates the translation of legal principles into programmable logic.
• Automated systems governing borders exemplify the entanglement of human and algorithmic agency.

Conclusions:

• Automated decision-making in government extends the force of law but obscures the complex interplay of human and algorithmic agency.
• Legitimacy in code-driven law is often maintained by identifying a human "in-the-loop," masking deeper technological integration.
• Further research is needed on how legitimacy is constructed and contested in automated government systems.