Hermeneutics of Technology and the Anticipation of the Future in Law
This article explores the relationship between futures studies, institutional dynamics and technological development, with a particular focus on the role of hermeneutics in shaping the legal regulation of emerging technologies. Although scientific forecasting and foresight dominate the methodological framework of futures studies, these methods should be acknowledged as somewhat limited. Hermeneutics, with its emphasis on interpretation and the contextual embeddedness of meanings, offers a framework for analyzing how future visions influence technological trajectories and regulatory decisions. The article criticizes technological determinism, which often ignores the social and institutional factors that shape technological development. Instead, it promotes a coevolutionary perspective that recognizes the mutual influence of technology and society. The article discusses the idea of hermeneutic technology assessment in relation to the analysis of institutionalized ways of shaping future visions. It also analyzes the principle of anticipation in law, which aims to address the uncertainties and risks associated with new technologies by anticipating potential threats and taking into account the interests of various stakeholders. Four key institutional dimensions are identified — agents, control relationships, accountability, and resilience capacities — that shape regulatory decisions and influence the integration of different perspectives. A hermeneutic analysis that focuses on the ways in which temporal unity in the law is formed—the connection between past goals, current interests, and future concerns — can enhance the effectiveness and democratic legitimacy of regulatory decisions.