JUS.automica

The Book · Chapter 13 of 28

Chapter 13Intelligent Rule Formation

Through which transitions can an intelligently produced rule become a binding obligation, and who may contest the competence and terms through which it does so?

Summary

Intelligent systems can create, negotiate and revise norms within formal institutions; whether those norms may bind people is a separate question. This chapter examines the stages between emergent regularity, norm synthesis, selection, adoption, promulgation and enforcement. Normative multiagent research supplies established technical antecedents, while an electronic fish-market model and Constitutional AI provide precise tests of what formal rules and delegated evaluation demonstrate. The argument locates normative choices in objectives, participation conditions, defaults and revision procedures, including the point at which an apparently advisory proposal becomes binding unless challenged. It distinguishes physical composition from legal authorship and permits the possibility of intelligent contributions with effects greater than advice under a valid allocation of competence. Such autonomy requires contestable boundaries that its beneficiary cannot determine alone. The chapter offers constitutional conditions for examining rule formation, without claiming a technical demonstration of public authority or resolving the stronger question of constituent standing.

The chapter text

The text of this chapter is read in the Codex, by members and owners of the Book. Membership opens every published chapter; the Book gives you all twenty-eight for good.

Download every chapter’s summary (PDF)