The legal challenges of social media

Murray, Andrew D. (2016) The legal challenges of social media. In: Gillies, Lorna and Mangan, David, (eds.) Mapping the rule of law for the internet. Edward Elgar Publishing, Edward Elgar, UK. (In Press)

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Abstract

Since its inception as a standalone topic of scholarship in the 1990s, the study of cyberlaw has been a study in regulatory theory. We have discussed systems of regulation and tools of regulatory enforcement. We have divided researchers into groups labelled as ‘techno-deterministic’ and ‘libertarian/communitarian’ and we have discussed regulatory effectiveness and legitimacy. The missing element of much cyberlaw study has been the law element. We have focused too extensively on the cyber and too little on the law. This chapter seeks to rebalance and refocus cyberlaw on the key element, the jurisprudential structure of cyberlaw, in particular to examine the question of the rule of law (or its absence) in cyberspace. In so doing it seeks to form the foundations of a cyberlaw jurisprudence by asking some difficult normative questions: Can a rule of law exist online? If so who is the legitimate lawmaker and what values are enshrined by cyberlaw?

Item Type:	Book Section
Official URL:	https://www.e-elgar.com/
Additional Information:	© 2016 Edward Elgar Publishing
Library of Congress subject classification:	J Political Science > JA Political science (General)
Sets:	Departments > Law
Date Deposited:	25 Apr 2016 13:17
URL:	http://eprints.lse.ac.uk/66214/

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