Bringing about the future

Abstract

In this paper I would like to reflect on the way in which various uses of artificial intelligence systems impact the dichotomy between is and should be. At the end of this paper I will argue that some of these modalities involve a restructuring of the forms of production of norms that requires a comprehensive rethinking of the dichotomy. The main novelty consists in the peculiar way in which these modalities make the future happen. I will also argue that this transition provides a powerful solicitation to reconceptualize the ways in which law relates to the social substratum on which it is called to intervene.