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Freedom and affordances of the net


Graber, Christoph Beat (2017). Freedom and affordances of the net. i-call Working Paper Series 05/2017, University of Zurich.

Abstract

This article is about the relationship between technology and society in fundamental rights theory. So far, the discussion about law and technology has generally been one-directional within the most relevant branches of the social sciences; scholars of the law have been treating technology as a black box when conducting their analyses or developing their theories. In turn, science and technology studies have considered law and regulation as a closed book, which is unsatisfactory as well. Reductionist and compartmentalized theorizing is particularly problematic when it comes to conceiving a fundamental rights theory that is able to cope with challenges of the Internet. Guided by Niklas Luhmann’s autopoietic systems theory, this Article offers novel perspectives that aim at theoretically explaining how affordances can be conceptualized within constitutional rights theory, with the focus on the freedom of the Internet.

Abstract

This article is about the relationship between technology and society in fundamental rights theory. So far, the discussion about law and technology has generally been one-directional within the most relevant branches of the social sciences; scholars of the law have been treating technology as a black box when conducting their analyses or developing their theories. In turn, science and technology studies have considered law and regulation as a closed book, which is unsatisfactory as well. Reductionist and compartmentalized theorizing is particularly problematic when it comes to conceiving a fundamental rights theory that is able to cope with challenges of the Internet. Guided by Niklas Luhmann’s autopoietic systems theory, this Article offers novel perspectives that aim at theoretically explaining how affordances can be conceptualized within constitutional rights theory, with the focus on the freedom of the Internet.

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Additional indexing

Item Type:Working Paper
Communities & Collections:02 Faculty of Law > Institute of Legal Sciences > Basic Subjects
Dewey Decimal Classification:340 Law
Uncontrolled Keywords:Affordances, law and society, sociological systems theory, Niklas Luhmann, science and technology studies, fundamental rights theory, Internet
Language:English
Date:December 2017
Deposited On:30 Nov 2017 10:45
Last Modified:29 Jul 2018 06:41
Series Name:i-call Working Paper Series
ISSN:1664-0144
OA Status:Green
Free access at:Related URL. An embargo period may apply.
Related URLs:http://www.rwi.uzh.ch/de/lehreforschung/alphabetisch/graber/Research/workingpapers2015.html

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