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Law, Technology and Dispute Resolution
Riikka Koulu
2018
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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.
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Keywords
- autonomy
- Contracts
- coupling
- Dispute Resolution
- Dispute Resolution Technology
- Due Process Criteria
- enforcement
- justificatory
- Low Intensity Disputes
- Luhmann’s Social Systems Theory
- mechanisms
- Narrative
- ODR Platform
- ODR Procedure
- ODR Provider
- ODR Service
- Out-of Court Dispute Resolution
- Private
- Private Dispute Resolution
- Private Enforcement
- Private Enforcement Mechanisms
- Private Online Dispute Resolution
- smart
- Smart Contracts
- Structural
- Structural Coupling
- thema EDItEUR::J Society and Social Sciences::JH Sociology and anthropology::JHB Sociology
- thema EDItEUR::K Economics, Finance, Business and Management::KJ Business and Management::KJE E-commerce: business aspects
- thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNC Company, commercial and competition law: general::LNCB Commercial law
- thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNQ IT and Communications law / Postal laws and regulations
- thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNT Social law and Medical law
- thema EDItEUR::U Computing and Information Technology::UB Information technology: general topics::UBL Digital and information technologies: Legal aspects
- thema EDItEUR::U Computing and Information Technology::UY Computer science
- Traditional Ideal Model
- User Reviews
Links
DOI: 10.4324/9781315149479Editions