"Regulating with Formative Power"

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Regulation must enable innovation while preserving space for human judgment, write Prof. Dr. Ali Aslan Gümüsay and Prof. Dr. Matthias C. Kettemann in the Frankfurter Allgemeine Zeitung.

They describe a dual challenge for the state: keeping spaces for innovation open while maintaining order, protection, and the rule of law. In this view, regulation forms the institutional basis of innovation. It shapes the conditions under which technological development unfolds and ensures that it serves an open and democratic society. In times of rapid technological change, these values require active reinforcement rather than compromise.

Their discussion places particular emphasis on human discretion. AI can support standardized processes and improve efficiency, yet many decisions depend on context, fairness, and responsibility. These elements cannot be fully captured by algorithmic systems. As the use of AI expands in administration and decision-making, the importance of human judgment becomes more visible.

The role of law is further highlighted as a framework that provides orientation and reduces complexity. Effective regulation depends on institutional capacity, professional expertise, and the ability to act under uncertainty. This includes creating space for responsible decision-making in practice and ensuring that technological systems support, rather than shape, human judgment.