Code Isn’t Law

Rodolpho Oliveira Santos

Code, Law, Criminal, Artificial Intelligence, Cryptography.

Code isn’t, and never can be, Law because the law is a phenomenon of culture, created and directional to men. Code can only be a rule in the sense of being accepted or produce effects by and in some group, in some circumstances but never as an obliged system like the ones of sovereign states that are valid to all – criminal rules are obeyed by its members but do not have the power to generate an effect in a formal state judicial system. Moreover, codes generated by Artificial Intelligence from machines lack the fundamental necessity of validity that is to be created and legitimated by men.

Received: 07 Oct 2021, Received in revised form: 24 Nov 2021, Accepted: 04 Dec 2021, Available online: 11 Dec 2021

10.22161/ijaers.812.15