Machine learning algorithms reshape how people communicate, exchange, and associate; how institutions sort them and slot them into social positions; and how they experience life, down to the most ordinary and intimate aspects. In this article, we draw on examples from the field of social media to review the commonalities, interactions, and contradictions between the dispositions of people and those of machines as they learn from and make sense of each other.

My 2019 article ‘From Planning to Prototypes: New Ways of Seeing Like a State’ (P2P) drew attention to some shortcomings of the kinds of critical, reformist impulses fostered in law and development work. I sought to show that persistent preoccupations with the destructive hubris of ‘top-down’ planning—especially state planning—bypassed the tendency for great power to be deployed in other stylistic modes: through the release and responsive tweaking of prototypes, for instance. This article engages with later developments—at one of P2P’s main (...) field sites and scholarly literature in dialogue with P2P—to build upon the analysis therein. It elaborates on the kinds of power animated through prototyping, showing how prototyping is often combined with other governance styles and what it makes of the inputs on which law has typically been said to draw and of law’s claims to autonomy. It complicates the provenance of this style by reference to mid-to-late-twentieth century UN sanctions regimes, highlighting that governance prototyping is as much state-made as business-led and not restricted to the development field. With particular attention to the strangeness of the human user presupposed by prototyping, this article also aims to identify some modes of critical engagement to which this governance style might be answerable. (shrink)

Humanitarian maps assembled using digital technology are indicative of transformations underway in how the world is made knowable, sensible, and actionable, including for international legal purposes. These transformations are exemplified by the Missing Maps Project (MMP), an initiative of the Humanitarian OpenStreetMap Team, a U.S.-registered non-profit, and three other non-governmental organisations operating internationally: American Red Cross; British Red Cross; and Médecins Sans Frontières. Projects such as the MMP make it harder for international lawyers to lay claim to, and seek to (...) imaginatively reorient, shared repositories of common sense. Meanwhile, international legal scholars continue to propagate ideas that the world may be reimagined with their help, largely without regard to such transformations. In lieu of imagination’s standard evocation to the end of enhancing critical agency in international legal writing, this article contends that the idiosyncratic notion of imagination advanced in the writings of Walter Benjamin may be better attuned to ongoing shifts in sense-making apparent in international humanitarian mapping. Walter Benjamin’s atypical rendering of imagination as a ‘purely receptive, uncreative’ force in a field of technological reproduction offers international legal scholars another way of thinking about agency and prospects for re-forming their field in the face of its burgeoning digitalisation. (shrink)

Built environments, and social and legal interactions through them, are powerfully shaped by the arrangements by which their making and remaking are financed. There is a rich literature analysing shifts towards private and/or offshore financing of infrastructure in broad terms and their implications for governmental accountability and so-called public interest values. At the level of mundane regulatory decision and technique, however, the ways in which governance may be affected by such financing arrangements have not been well mapped. The article considers (...) some governance implications of the practice of funding urban infrastructure projects by recourse to global financial markets. It focuses, in particular, upon how regulatory decision-making may be shaped by technical practices of financial deal-making, financial modelling and related re-configurations of institutional or jurisdictional space. These implications are explored by reference to some recent examples of urban toll-road financing in Sydney, Australia and decision-making and analysis surrounding those examples. As such, it joins with other recent scholarship in probing political dimensions of technical forms of knowledge and practice that have frequently fallen between the cracks of legal scholarship's interdisciplinary inquiries to date. (shrink)