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Law, Technology and Dispute Resolution: The Privatisation of Coercion

Law, Technology and Dispute Resolution: The Privatisation of Coercion

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781138555389
  • 出版时间 October 2018
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
RM961.88
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  • 描述 
  • 大纲 
  • 详细

    The use of new information and communication technologies both inside the courts and in private online dispute resolution services is quickly changing everyday conflict management. However, the implications of the increasingly disruptive role of technology in dispute resolution remain largely undiscussed.

    In this book, assistant professor of law and digitalisation Riikka Koulu examines the multifaceted phenomenon of dispute resolution technology, focusing specifically on private enforcement, which modern technology enables on an unforeseen scale. The increase in private enforcement confounds legal structures and challenges the nation-state’s monopoly on violence. And, in this respect, the author argues that the technology-driven privatisation of enforcement – from direct enforcement of e-commerce platforms to self-executing smart contracts in the blockchain – brings the ethics of law’s coercive nature out into the open. This development constitutes a new, and dangerous, grey area of conflict management, which calls for transparency and public debate on the ethical implications of dispute resolution technology.

  • PART I: THEORETICAL IMPLICATIONS OF DISPUTE RESOLUTION TECHNOLOGY
    Chapter 1 Introduction
    Chapter 2 Understanding Law and Technology
    Chapter 3 Emerging Crisis

    PART II: THREE QUESTS FOR JUSTIFICATION: SOVEREIGNTY, CONTRACT AND ACCESS TO JUSTICE
    Chapter 4 Heading towards Justification
    Chapter 5 Sovereignty and State Agenda
    Chapter 6 Consent and Private Autonomy
    Chapter 7 Access to Justice

    PART III: NEW WAYS FORWARD?
    Chapter 8 New Bases for Justification
    Chapter 9 Conclusions

    Bibliography
    Index

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