Law and algorithmic rationality: Social systems theory versus technological change

Abstract

Elena Esposito's work Artificial Communication is analyzed from a legal-systemic perspective, highlighting the effects of algorithmic communication on law and social rationality. The author emphasizes that algorithms do not produce meaning or knowledge, but rather operate through structured response expectations based on large volumes of data. Phenomena such as profiling, the erosion of the right to be forgotten, and the artificial closure of the future through predictive practices are problematized. Likewise, the risk of transferring these logics to the legal sphere, especially criminal law, is noted due to their potential impact on human rights. The review concludes that the central challenge is not the attribution of rights to machines, but the establishment of legitimate obligations, controls, and regulatory frameworks on the use of data and algorithmic technologies.