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10 J. Open Access L. 1 (2022)

handle is hein.journals/jopacc10 and id is 1 raw text is: Dilemmas in Legal Governance Pompeu Casanovas*, Pablo Noriega0 * UAB Institute of Law and Technology (IDT-UAB), Universitat Autonoma de Barcelona, Spain; LawTech Research Group. Law School, La Trobe University, Australia o Artificial Intelligence Research Institute, Spanish National Research Council (ILIA-CSIC) Abstract. This article develops the issue of power and language in Artificial Intelli- gence governance through three dilemmas that should be considered in the design of regulatory systems. Some previous uses of this figure in the literature are described. The article inspects some design choices that determine how legal governance in Al can be engineered. Stemming from the conundrum that enactment of rights and the implementation of good or better government can be facilitated at the cost of increasing control over citizens through AI-based systems, the article formulates three dilemmas normative autonomy, legal isomorphism, and modes of regulation. Beyond deliberative and epistemic democracy, it expands then the notion of legal governance, connecting the three dilemmas with the ethical and political stances of the concept of linked democracy. Keywords: Artificial Intelligence Governance, Legal Governance, Power, Dilemmas, Hybrid Intelligence, Collective intelligence, Legal isomorphism, Rules as Code 1. Introduction Artificial intelligence has burst into our lives in a way that was un- foreseen just a decade ago. Not only because of the pandemic but also because of the extraordinarily rapid transformation that industry, com- merce, administration, government, and the law are also experiencing due to the massive adoption of the internet and Al enabled interactions. The growing swarm of Big Data, the notorious successes of machine learning technologies in language processing and image recognition together with the pervasive use of a variety of Al technologies to sup- port all sorts of web-based social interactions are a constant reminder of the disruptive impact of Al. There are huge opportunities to make good use of Artificial Intelligence; however, since Al is a disruptive technol- ogy affecting existing systems in society, there are equally formidable challenges that should also be addressed. As in other disruptive activities, there are things in Al that we can do, some things that we should do, and more significantly there are also things that we should not do, even if we could. The problem is that, for now, it is not clear where the red line should be drawn. To address this ambiguity, we advocate a regulatory perspective. In fact,

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