Digital Power and Law’s Rule

In Law’s Rule, Gerald Postema provides a robust theoretical framework of the rule of law that technology scholars can use to analyze power in the digital world. He articulates how the rule of law can be concerned with private power, and not just public power. His emphasis on the ethos of fidelity allows us to see how the rule of law of law may be degraded in the digital era through the erosion of the informal institutions and practices needed to sustain the rule of law. In addition to outlining these contributions, this paper argues that Postema’s account of digital power needs to focus more on digital power structures rather than digital power wielding, that digital power structures erode many informal constraints on power, and that addressing sociotechnical systems might require rethinking law’s distinctive instrumentalities in order to embrace the use of digital technologies to increase transparency and compliance.