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Whether you call it the third wave, the information revolution, or the virtually connected world, the implications of a global information network are profound. As a society, we want to forestall the possible negative impacts without closing the door to the potential benefits. But how? Global Networks and Local Values provides perspective and direction, focusing on the relationship between global information networks and local values-that is, the political, economic, and cultural norms that shape our daily lives. This book is structured around an illuminating comparison between U.S. and German approaches toward global communication and information flow. (The United States and Germany are selected as two industrialized, highly networked countries with significant social differences.) Global Networks and Local Values captures the larger context of technology and culture, explores the political and commercial institutions where the global network functions, and highlights specific issues such as taxation, privacy, free speech, and more. The committee contrasts the technical uniformity that makes global communication possible with the diversity of the communities being served and explores the prospects that problems resulting from technology can be resolved by still more technology. This thoughtful volume will be of interest to everyone concerned about the social implications of the global Internet.
Regulation is often thought of as an activity that restricts behaviour and prevents the occurrence of certain undesirable activities, but the influence of regulation can also be enabling or facilitative, as when a market could potentially be chaotic if uncontrolled. This Handbook provides a clear and authoritative discussion of the major trends and issues in regulation over the last thirty years, together with an outline of prospective developments. It brings together contributions from leading scholars from a range of disciplines and countries. Each chapter offers a broad overview of key current issues and provides an analysis of different perspectives on those issues. Experiences in different jurisdictions and insights from various disciplines are drawn upon, and particular attention is paid to the challenges that are encountered when specific approaches are applied in practice. Contributors develop their own distinctive arguments relating to the central issues in regulation and apply scholarly rigour and clear writing to matters of high policy-relevance. The essays are original, accessible, and agenda-setting, and the Handbook will be essential reading both to students and researchers and to with regulatory and regulated professionals.
This book aims to contribute to our understanding of one of the most pressing issues of modern international law: the relationship between the international legal order on the one hand and the domestic legal orders of over 190 sovereign states on the other hand The traditional and dominant understanding of this relationship is that there exists a strict separation between the international legal order and domestic legal orders. Processes of legal globalisation and internationalisation have made this relationship much more complex. Legal authority has shifted away from the state in both vertical and horizontal directions. Forced by the pressures of interdependence, states have allowed international bodies to oversee and sometimes even implement and enforce domestic legislation. At the same time, private persons are more and more drawn into an internationalized order. Increasing cross-border flows of services, goods and capital, mobility, and communication have further undermined any stable notion of what is national and what is international. This book offers several partly complementary and partly competing perspectives that allow us understand and make sense of the complex interaction between the international and domestic sphere.
The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes. They are challenging the type of governance which constitutional states were supposed to represent and ensure. They also provoke old questions: Who bears the responsibility for governance without a government? Can accountability be ensured? The term 'constitutionalism' is still widely identified with statal form of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international, supranational nor totally denationalised. It is neither arbitrary nor accidental that we present our inquiries into this phenomenon in the series of International Studies on Private Law Theory.
As a result of a lifetime of incomparably wide-ranging investigations, Aaron Wildavsky concluded that politics in the United States and elsewhere was a patterned activity, exhibiting recurring regularities. Political values, beliefs, and institutions were neither endlessly varied, nor haphazardly organized. They tended to exhibit a limited range of variation, and were organized in discoverable, predictable ways. In Cultural Analysis, the fourth collection of his essays posthumously published by Transaction, Wildavsky argues that American politics, public law, and public administration are the contested terrain of rival, inescapable political cultures.Analysts of American politics distinguish liberals from conservatives and Democrats from Republicans, but do not explain how these categories of political allegiance develop, maintain themselves, or change. Wildavsky offers a cultural-functional explanation for ideological and partisan coherence and realignment. Wildavsky also felt that these dualisms did not adequately capture the ideological and partisan variation he observed on the political landscape. Like others, he detected another recurring strain of political allegiance: that of classical liberalism or libertarianism. People of this political stripe valued freedom more than equality (the primary political value of contemporary liberals), and also more than order, the primary political value of conservatives.The value of Wildavsky's reconceptualization of the ideological and social foundations of political conflict, compromise, and coalition is assessed here by Wildavsky's former colleagues and students at the University of California, Berkeley: Dennis Coyle, Richard Ellis, Robert Kagan, Austin Ranney, and Brendon Swedlow.
'This collection of legal, philosophical, economic, and cultural perspectives ultimately makes a strong case for the potential value of game environments for addressing diversity issues, but also raises important concerns regarding implementation of corporate and government policies in this sector highly recommended for anyone exploring this emerging field.' Benjamin T. Duranske, Pillsbury Winthrop Shaw Pittman LLP, US 'Videogaming is serious business. But the legal and theoretical implications of online and virtual environments are little understood. Professor Graber and Ms. Burri-Nenova have done a masterful job of bringing together several insightful articles that inform us about the business, legal and sociological implications of digital gaming. Innovative, fast-paced, and engaging as games themselves, these scholarly works provide invaluable insight for academics, policy makers and perhaps even participants themselves about the reality behind virtual worlds.' Shubha Ghosh, University of Wisconsin Law School, US 'This is an excellent and path-breaking collection of sharp and carefully researched essays. It provides wonderful insights on numerous important aspects of the complex relationship between play, cultural diversity, communications policy, and the governance of virtual societies. The phenomenal growth of these new digital realms has raised important questions across the academic disciplines, making this book's interdisciplinary focus extremely helpful to potential regulators and university scholars alike.' Greg Lastowka, Rutgers School of law, Camden, US This innovative book provides transdisciplinary analyses of the nature and dynamics of digital game environments whilst tackling the existing fragmentation of academic research. Digital game environments are of increasing economic, social and cultural value. As their influence on diverse facets of life grows, states have felt compelled to intervene and secure some public interests. Yet, the contours of a comprehensive governance model are far from recognisable and governments are grappling with the complexity and fluidity of online games and virtual worlds as private spaces and as experimentation fields for creativity and innovation. This book contributes to a more comprehensive and fine-grained understanding of digital game environments, which is a precondition for addressing any of the pressing governance questions posed. Particular attention is given to the concept and policy objective of cultural diversity, which also offers a unique entry point into the discussion of the appropriate legal regulation of digital games. Governance of Digital Game Environments and Cultural Diversity will be of interest to researchers of media law, internet law and governance, cultural studies, anthropology and sociology. As the book addresses a highly topical theme, it will attract the attention of policymakers at national, regional and international levels and will also serve as a great resource tool for scholars in new media and in particular digital games and virtual worlds.
This book is about rights and powers in the digital age. It is an attempt to reframe the role of constitutional democracies in the algorithmic society. By focusing on the European constitutional framework as a lodestar, this book examines the rise and consolidation of digital constitutionalism as a reaction to digital capitalism. The primary goal is to examine how European digital constitutionalism can protect fundamental rights and democratic values against the charm of digital liberalism and the challenges raised by platform powers. Firstly, this book investigates the reasons leading to the development of digital constitutionalism in Europe. Secondly, it provides a normative framework analysing to what extent European constitutionalism provides an architecture to protect rights and limit the exercise of unaccountable powers in the algorithmic society. This title is also available as open access on Cambridge Core.
This book traces the evolution of transnational legal authority in the course of globalization. Representative case studies buttress its conclusion that today transnational authority is multifaceted, a phenomenon that renders unreliable the concepts of territoriality/extraterritoriality as global governance markers.
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.