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There is order on the internet, but how has this order emerged and what challenges will threaten and shape its future? This study shows how a legitimate order of norms has emerged online, through both national and international legal systems. It establishes the emergence of a normative order of the internet, an order which explains and justifies processes of online rule and regulation. This order integrates norms at three different levels (regional, national, international), of two types (privately and publicly authored), and of different character (from ius cogens to technical standards). Matthias C. Kettemann assesses their internal coherence, their consonance with other order norms and their consistency with the order's finality. The normative order of the internet is based on and produces a liquefied system characterized by self-learning normativity. In light of the importance of the socio-communicative online space, this is a book for anyone interested in understanding the contemporary development of the internet. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.
There is order on the internet, but how has this order emerged and what challenges will threaten and shape its future? This study shows how a legitimate order of norms has emerged online, through both national and international legal systems.
Ob bei Kant oder unter Konservativen, im Internet, in Umweltdiskursen oder in Sansibar: Dieses Buch untersucht, wie sich Menschen Normen geben, diese hinterfragen und legitimieren. Die Beiträge machen deutlich, dass Normen nach wie vor in allen Lebensbereichen eine zentrale Rolle einnehmen. Zusammen mit Werten und Narrativen bilden sie normative Ordnungen, mit denen politische Autorität und die Verteilung von Rechten und Gütern legitimiert wird: im Strafrecht, bei der Kindererziehung, im Territorialstaat, in Fortschrittsdiskursen, im Anthropozän.
Can we have legitimate internet law without State institutions and authorities? What principles and criteria should be taken into consideration in producing internet's legal rules? Who should be the author of internet's normativity? Principles such as the "Rule of Law", Representation, Legitimacy, Transparency, Accountability do not seem any more to play an important role in producing online rules and norms, and fundamental rights such as protection of personality, personal data protection, informational self-determination have acquired a lesser importance in the internet environment. Instead, concepts such as "Lex Digitalis", "Transnationalisation of Law", "Global law without the State", have obtained the leading role in the internet regulation debate and in a perspective meta-Statal legal order. Different legal regimes created on the principles of self-regulation, decentralization, heterarchical social peripheries have corroded the understanding of Law and Constitution as an "Entity". Can such a legal order be viable, coherent, and legitimate?
Andreas Hepp takes an integrative look at one of the biggest questions in media and communications research: how digital media is changing society. Often, such questions are discussed in isolation, losing sight of the overarching context in which they are situated. Hepp has developed a theory of the re-figuration of society by digital media and their infrastructures, and provides an understanding of how profound today’s media-related changes are, not only for institutions, organizations and communities, but for the individual as well. Rooted in the latest research, this book does not stop at a description of media-related change; instead, it raises the normative challenge of what deep mediatization should look like so that it might just stimulate a 'good life' for all. Providing original and critical research, the book introduces deep mediatization to students of media and cultural studies, as well as neighboring disciplines like sociology, political science and other cognate disciplines.
In many respects cyberspace has created a new world. The online phenomena encompass social, cultural, economic, and legal facets. Exceeding the present Internet Governance concept the book analyses the normative foundations and guiding principles of a global cyberspace regime that includes the exchange of people, businesses, governments, and other entities. Based on this assessment and philosophical theories the book attempts to outline a model for a general legal framework enshrining key principles of civil society (such as human rights, ethics). The proposed global framework, not in the form of a multilateral treaty but a morally convincing declaration, could then be complemented by additional polycentric regulations with binding effect, developed on the basis of multistakeholder participation in a multi-layer concept.
The South China Sea, where a number of great powers and regional players contend for influence, has emerged as one of the most potentially explosive regions in the world today. What can be done to reduce the possibility of conflict, solve the outstanding territorial problems, and harness the potential of the sea to promote regional development, environmental sustainability and security? This book, with contributions from leading authorities in China, the Philippines, Vietnam, Australia, Singapore and the United States, seeks to illuminate these questions.
A thorough multidisciplinary analysis of various perspectives on internet privacy was published as the first volume of a study, revealing the results of the achatech project "Internet Privacy - A Culture of Privacy and Trust on the Internet." The second publication from this project presents integrated, interdisciplinary options for improving privacy on the Internet utilising a normative, value-oriented approach. The ways in which privacy promotes and preconditions fundamental societal values and how privacy violations endanger the flourishing of said values are exemplified. The conditions which must be fulfilled in order to achieve a culture of privacy and trust on the internet are illuminated. This volume presents options for policy-makers, educators, businesses and technology experts how to facilitate solutions for more privacy on the Internet and identifies further research requirements in this area.
The internet has fundamentally transformed society in the past 25 years, yet existing theories of mass or interpersonal communication do not work well in understanding a digital world. Nor has this understanding been helped by disciplinary specialization and a continual focus on the latest innovations. Ralph Schroeder takes a longer-term view, synthesizing perspectives and findings from various social science disciplines in four countries: the United States, Sweden, India and China. His comparison highlights, among other observations, that smartphones are in many respects more important than PC-based internet uses. Social Theory after the Internet focuses on everyday uses and effects of the internet, including information seeking and big data, and explains how the internet has gone beyond traditional media in, for example, enabling Donald Trump and Narendra Modi to come to power. Schroeder puts forward a sophisticated theory of the role of the internet, and how both technological and social forces shape its significance. He provides a sweeping and penetrating study, theoretically ambitious and at the same time always empirically grounded.The book will be of great interest to students and scholars of digital media and society, the internet and politics, and the social implications of big data.