This paper definitely has thoughts on the matter
<a href="https://law.mit.edu/pub/interpretingtherulesofcode/release/4" rel="nofollow noreferrer">https://law.mit.edu/pub/interpretingtherulesofcode/release/4</a><p>"As the Rules as Code movement gains momentum, questions are starting to be asked about the performance and practical effects of expressing law computationally. This article examines the strengths, weaknesses, and new opportunities of engaging with these emerging systems."<p>The Future of Coding podcast covered it recently
<a href="https://futureofcoding.org/episodes/065" rel="nofollow noreferrer">https://futureofcoding.org/episodes/065</a><p>The abstract says, "Software code is built on rules. The way it enforces them is analogous in certain ways to the philosophical notion of legalism, under which citizens are expected to follow legal rules without thinking too hard about their meaning or consequences. By analogy, the opacity, immutability, immediacy, pervasiveness, private production, and ‘ruleishness’ of code amplify its ‘legalistic’ nature far beyond what could ever be imposed in the legal domain, however, raising significant questions about its legitimacy as a regulator."<p>It's a complex paper/topic that I personally need more time to grasp before throwing my opinions around too heavily. But my first, knee-jerk reaction so far is that moving laws into code is a bad idea. Specifically, as the paper says, "...code by its very nature tends toward a kind of strong legalism. This is the case regardless of the intent of the programmer, however vicious or virtuous that may be."<p>The "strong legalism" inherent in code means "the sovereign’s exercise of power is de facto legitimate, and thus not open to question." Not to be reductive, but that ain't good.<p>I feel we've seen evidence of this path already, with (easily refuted, but somewhat common) claims like "data can't be biased" (for example). The tendency to blindly follow a computer's dictate with, "Well, the computer says this is so, so it must be so." is strong in our society at times, I think.