Perfect Lawmaking and Perfect Legal Compliance – Two False Ideals of Normativity in Governance by AI?

Abstract Given the rapid advances in AI in predicting and controlling human behavior, the question arises as to whether the responsible use of AI might not best be regulated by law with the aid of AI itself. This question is guided by the expectation that two normative problems associated with legal norms can be definitively resolved with the help of AI: (1) that it might be possible to perfect legal norms through AI to such an extent that they provide a single correct answer for every application, and (2) that they can control the behavior of those subject to them in such a way that there is no longer any deviant behavior. This article situates these two expectations within the historical context of efforts to perfect legal norms and critically discusses the possible consequences for the democratic constitutional state.