基本説明
From the use of metaphor in legal opinions about the internet, to debates about copyright, free expression and privacy, this collection offers cutting-edge ideas about law and society in an online era.
Full Description
During the past decade, the rise of online communication has proven to be particularly fertile ground for academic exploration at the intersection of law and society. Scholars have considered how best to apply existing law to new technological problems but they also have returned to first principles, considering fundamental questions about what law is, how it is formed and its relation to cultural and technological change. This collection brings together many of these seminal works, which variously seek to interrogate assumptions about the nature of communication, knowledge, invention, information, sovereignty, identity and community. From the use of metaphor in legal opinions about the internet, to the challenges posed by globalization and deterritorialization, to the potential utility of online governance models, to debates about copyright, free expression and privacy, this collection offers an invaluable introduction to cutting-edge ideas about law and society in an online era.In addition, the introductory essay both situates this work within the trajectory of law and society scholarship and summarizes the major fault lines in ongoing policy debates about the regulation of online activity.
Contents
Cyberspace and Intellectual Paradigmscomputers change the way we think; Richard Ross (2002), Communications revolutions and legal culture: an elusive relationship. Cyberspace and Metaphor: Dan Hunter (2003), Cyberspace as place and the tragedy of the digital anticommons. Cyberspace and Globalization: Gunther Teubner (2003/04), Societal constitutionalism: alternatives to state-centered constitutional theory; Paul Schiff Berman (2005), Towards a cosmopolitan vision of conflicts of law: redefining governmental interests in a global era. Cyberspace and Legal Realism: Margaret Jane Radin & R. Polk Wagner (1998), The myth of private ordering: rediscovering legal realism in cyberspace; James Boyle (1997), Foucault in cyberspace: surveillance, sovereignty, and hardwired censors. Cyberspace and Freedom of Expression: Lawrence Lessig (1998), What things regulate speech: CDA 2.0 vs. filtering; Jack L. Balkin (2004), Digital speech and democratic culture: a theory of freedom of expression for the information society. Cyberspace and Copyright: Jane C. Ginsburg (2001), Copyright and control over new technologies of dissemination; Jessica Litman (2004), Sharing and stealing. Cyberspace and Privacy: Julie E. Cohen (2000), Examined lives: informational privacy and the subject as object. Cyberspace, Identity, and Community I: Anupam Chander (2002), Whose republic?; Jerry Kang (2000), Cyber-Race. Cyberspace, Identity and Community II: Jennifer L. Mnookin (1996), Virtual(ly) law: the emergence of law in LambdaMOO; James Grimmelmann (2004-05), Virtual worlds as comparative law; Index.
