Three paradigms in the legal governance of AI: on power, convenience, and prestige

Ugo Pagallo

Chapter Chapter 4 in Research Handbook on the Law of Artificial Intelligence, 2025, pp 57-72 from Edward Elgar Publishing

Abstract: The chapter examines what forms of legal regulation and models of legal governance come into play with current discussions about the normative challenges of AI. The assumption is that such forms of governance and legal regulation can be traced back to three paradigms on legal power (e.g., extra-territorial effects of legislation); convenience (e.g., resilience of the legislation through futureproofing techniques); and, prestige (e.g., success stories on how to protect fundamental rights). Such paradigms do not exclude each other. Legal systems can be powerful, convenient, and respected all at the same time. By further distinguishing between what paradigms are supposed to be, i.e., their requirements, and what paradigms are called to do, that is, their function, the chapter aims to assess the normative work-in-progress of lawmakers and institutions, and whether some of such regulatory attempts may provide a model for the rest of the world.

Keywords: Brussels effect; Comparative law; Legal governance; Soft law; Artificial intelligence (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035316489
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