Cyberdiritto. Il diritto come arte cibernetica

The article explores the concept of “cyberlaw”, defined as a fusion of
law and cybernetics. Rooted in the Greek term κυβερνάω, meaning “to
govern” or “to navigate,” cyberlaw is presented as an art of governance
that mediates the interaction between natural and artificial “organs”.
This framework illustrates how law operates as a cybernetic system,
not merely regulating behavior but actively constructing legal realities
through the integration of the natural and the artificial. Drawing on
philosophical insights from thinkers such as Bernard Stiegler, the article underscores the organological nature of law, wherein natural processes evolve through technical and externalized means.
The analysis examines key examples, including obligations, which transform human faculties like memory and future-oriented willpower into
artificial constructs, and the legal concept of personhood, which distinguishes biological reality from legal identity. Additionally, the Roman legal
concept of venter (womb) is analyzed as a paradigmatic case of law’s ability to create hybrid realities that transcend the natural-artificial divide.
By framing law as a cybernetic mechanism, the article highlights its role
as an anthropogenic technology that enables humans to transcend their
natural state and evolve into new social and legal identities. Rather than
merely reflecting pre-existing realities, law actively generates them,
offering structures that transform human behavior and relationships.
This perspective positions law as a fundamental tool for human development, shaping individuals and societies through its artificial and recursive structures, and underscores its continued relevance in the age
of advanced technologies