Throughout history, technological advancements have consistently challenged existing legal frameworks, necessitating reactive adaptations to protect emerging human capabilities, liberties, values, interests, and norms. Yet, this dynamic has unfolded largely without a deliberate effort to theorize the law-technology nexus.
In our current era, characterized by the rapid proliferation of data-driven technologies (DDT), the need for a theoretical elucidation and reevaluation of the law-technology interplay has become increasingly pressing. This lecture addresses the critical demand for a new theoretical framework to comprehend the intersection of law and DDT, examining the adequacy of classical legal theories in grappling with DDT’s novel nature and its profound societal impact.
We advocate for a critical reevaluation of classical legal theories, proposing the development of a robust, comprehensive theoretical framework that captures the law-technology relationship within data-centric environments. The lecture will underscore the necessity of this jurisprudential evolution, highlighting the insufficiency of traditional legal paradigms to address the complex consequences and transformative potential of DDT. Additionally, we will delve into the significant implications of the information revolution and data science for legal normativity.
This lecture provides a timely and innovative examination of the theoretical and normative foundations required to navigate the confluence of law and cutting-edge data-driven technologies. It serves as a platform for interdisciplinary dialogue and insights crucial for shaping policy, practice, and future research in this rapidly evolving domain.
Joseph E. David is a Full Professor of Law at Sapir Academic College in Israel. He is the author of The State Rabbinate: Election, Separation and Freedom of Expression (2000), The Family and the Political: On Belonging and Responsibility in a Liberal Society (2012), Toleration within Judaism (2013), Jurisprudence and Theology in Late Ancient and Medieval Jewish Thought (2014) and Kinship, Law and Politics- An Anatomy of Belonging (2019). He edited The State of Israel: Between Judaism and Democracy (2000), Questioning Dignity: Human Dignity as Supreme Modern Value (2006), Nomos and Narrative for the Hebrew Reader (2012), The Gift of the Land and the Fate of the Canaanites in Jewish Thought (2014), and Strengthening Human Rights Protections in Geneva, Israel, the West Bank and Beyond (2021). Joseph has held academic positions at the University of Pennsylvania, Rutgers University, New York University, University of Oxford, Yale University, Emory University, Hebrew University, and Reichman University.