This book offers a 'genealogical' explanation of law's normativity. The term 'genealogical' conveys a commitment to a non-metaphysical type of enquiry. While it explains how law, as a normative phenomenon, comes about, it does not seek to ground law's normativity in anything but the context of social interaction giving rise to it. Legal normativity is brought about on a daily basis. Whether in revolutionary circumstances or in the quotidian need for judges, lawmakers or citizens to balance law's demands with those of morality or prudence, our ability to bind ourselves through law ultimately depends on our capacity to articulate a better way of living together, and to commit ourselves to it. These efforts of assessment and articulation depend, in turn, on our conception of normative agency. Assert the need to trace the truth of ethical judgments to some independent moral 'facts' conditioning their objectivity, and you will get a different understanding of what it is we are doing when we dispute law's authority in the name of moral values. Tracing the truth of moral judgements back to our own social practices not only affects the nature of disagreement; it also dramatically increases our responsibility when, as lawmakers, judges, or citizens we 'take the law into our own hands' and confront it with our moral expectations.

What if data-intensive technologies' ability to mould habits with unprecedented precision is also capable of triggering some mass disability of profound consequences? What if we become incapable of modifying the deeply-rooted habits that stem from our increased technological dependence? On an impoverished understanding of habit, the above questions are easily shrugged off. Habits are deemed rigid by definition: 'as long as our deliberative selves remain capable of steering the design of data-intensive technologies, we'll be fine'. To question this assumption, this open access book first articulates the way in which the habitual stretches all the way from unconscious tics to purposive, intentionally acquired habits. It also highlights the extent to which our habit-reliant, pre-reflective intelligence normally supports our deliberative selves. It is when habit rigidification sets in that this complementarity breaks down. The book moves from a philosophical inquiry into the 'double edge' of habit - its empowering and compromising sides - to consideration of individual and collective strategies to keep habits at the service of our ethical life. Allowing the norms that structure our forms of life to be cotton-wooled in abstract reasoning is but one of the factors that can compromise ongoing social and moral transformations. Systems designed to simplify our practical reasoning can also make us 'sheep-like'. Drawing a parallel between the moral risk inherent in both legal and algorithmic systems, the book concludes with concrete interventions designed to revive the scope for normative experimentation. It will appeal to any reader concerned with our retaining an ability to trigger change within the practices that shape our ethical sensibility. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Mozilla Foundation.

This open access book explores the conditions under which habit – and pre-reflective agency – can remain at the service of our ethical lives. What if data-intensive technologies’ ability to mould habits with unprecedented precision is also capable of triggering some mass disability of profound consequences? What if we become incapable of modifying the deeply-rooted habits that stem from our increased technological dependence? On an impoverished understanding of habit, the above questions are easily shrugged off. Habits are deemed rigid by definition: ‘as long as our deliberative selves remain capable of steering the design of data-intensive technologies, we’ll be fine’. To question this assumption, this book first articulates the way in which the habitual stretches all the way from unconscious tics to purposive, intentionally acquired habits. It also highlights the extent to which our habit-reliant, pre-reflective intelligence normally supports our deliberative selves. It is when habit rigidification sets in that this complementarity breaks down. The book moves from a philosophical inquiry into the ‘double edge’ of habit — its empowering and compromising sides — to consideration of individual and collective strategies to keep habits at the service of our ethical life. Allowing the norms that structure our forms of life to be cotton-wooled in abstract reasoning is but one of the factors that can compromise ongoing social and moral transformations. Systems designed to simplify our practical reasoning can also make us ‘sheep-like’. Drawing a parallel between the moral risk inherent in both legal and algorithmic systems, the book concludes with concrete interventions designed to revive the scope for normative experimentation. It will appeal to any reader concerned with our retaining an ability to trigger change within the practices that shape our ethical sensibility. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Mozilla Foundation.