Closure: On Ethics, Code, and Law

Abstract

This concluding chapter investigates the distinction between law, code, and ethics, as well as their interrelationship and their interaction. It is intended for those interested in the nexus of law and ethics, in the light of code- and data-driven information and communication infrastructures (ICIs). One of the main differences between law and ethics is that law provides closure whereas ethics remains in the realm of reflection as it lacks the force of law. However, a second difference turns the previous statement inside out: whereas law and the rule of law introduce checks and balances and demand democratic participation (at least in constitutional democracies), ethics may be decided by tech developers or behind the closed doors of the board room of corporate business enterprise. It can thus obtain the force of technology. Paradoxically, once ethics gains the force of technology, the space for the practice of ethics is reduced.