Treffer: CODE INSTEAD OF LAW: LEX ALGORITHMICA AS A MODE OF GOVERNMENT OF THE LIVING.

Purpose: This paper explores lex algorithmica as a novel form of algorithmic governance that displaces traditional legal processes with computational decision-making. It analyzes how this shift reconfigures key political-legal concepts—sovereignty, freedom, responsibility, and justice—under the conditions of surveillance capitalism. Design/methodology/approach: Using a genealogical method rooted in social and legal philosophy, the study traces the evolution of modern power from Bentham’s panopticon to Foucault’s biopower, Deleuze’s control societies, and the surveillant assemblage of Haggerty and Ericson. It combines these with contemporary critiques by Hildebrandt, Yeung, and Zuboff to develop the concept of datafication-power, a successor to knowledge-power. Findings: The research reveals that lex algorithmica operates as an opaque, predictive form of normativity embedded in infrastructure rather than institutions. Algorithmic systems determine what is visible, possible, or permissible—often without legal deliberation or accountability. Sovereignty shifts from state institutions to platforms; freedom becomes a variable shaped by code; and justice is undermined by personalization, automation, and opacity. The paper argues that algorithmic rule challengesthe foundational liberal assumption of the subject as a reasoning and autonomous agent. Research limitations/implications: This is a theoretical study; future empirical research should examine specific cases (e.g., scoring systems, predictive policing, automated decisionmaking) to test and refine the proposed framework. Practical implications: The article calls for legal and regulatory innovations that can address the normative force of code. It suggests that law must be reimagined as a reflective practice responsive to computational infrastructures and predicative systems. Social implications: The findings highlight risks to democratic deliberation, public reasoning, and civic freedom. They contribute to debates on data governance, algorithmic justice, and digital sovereignty, underscoring the need for ethical oversight of platforms power. Originality/value: The paper develops a philosophical genealogy of lex algorithmica, positioning it as a transformative mode of power. It offers a unique synthesis of classical and contemporary theories, relevant to scholars in legal philosophy, digital ethics, and political theory. [ABSTRACT FROM AUTHOR]

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