From codex to code: exploring divergences and intersections of text-driven and code-driven normativity

Abstract

In the ever-evolving digital world, the concept of “code as law” has emerged introducing the idea that technology could shape its users behaviour in a similar manner as a legal framework does within society. This research resumes an exploration of the role of code-driven normativity, where the architecture of code – both software and hardware – inherently regulates user behaviour and interactions. As code increasingly assumes functions traditionally reserved for law, a question arises: can we envision a future where code-driven normativity supplants or complements text-driven legal frameworks? The core inquiry of this research focuses on the distinctions between text-driven and code-driven normativities, while trying to discover whether either holds more authority, effectiveness or power. In the end, the discussion challenges the traditional binary debate of law versus technology, proposing that code-driven and text-driven normativity have similarities and intersections that could reshape our understanding of governance in the technological era. Code is becoming codex, but codex can also become code.

Acorroni I. (2025) "From codex to code: exploring divergences and intersections of text-driven and code-driven normativity " Journal of Ethics and Legal Technologies, 7(1), 9-35. DOI: 10.25430/pupj-JELT-2025-1-2  
Year of Publication
2025
Journal
Journal of Ethics and Legal Technologies
Volume
7
Issue Number
1
Start Page
9
Last Page
35
Date Published
06/2025
ISSN Number
2612-4920
Serial Article Number
2
DOI
10.25430/pupj-JELT-2025-1-2
Issue
Section
Articles