How to Make Bad Law: Lessons from Cyberspace Chris Reed How to Make Bad Law.
There is a clear trend for law and regulation, particularly in cyberspace, to become increasingly precisely specified. The perceived benefit of this approach, increased certainty as to compliance, may be illusory. Over-complex laws have serious disadvantages, particularly a greatly weakened normativ...
| Publicado en: | Modern Law Review Vol. 73; no. 6; pp. 903 - 933 |
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| Formato: | Artículo |
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Wiley-Blackwell
Nov2010
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=54591753&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 54591753 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 00267961 D8H jtl: Modern Law Review issn: 00267961 maglogo: Y pubinfo: dt: Nov2010 vid: 73 iid: 6 pid: 480 pub: Wiley-Blackwell artinfo: ui: 54591753 10.1111/j.1468-2230.2010.00824.x ppf: 903 ppct: 30 formats: fmt: @attributes: type: P size: 292KB tig: atl: How to Make Bad Law: Lessons from Cyberspace Chris Reed How to Make Bad Law. aug: au: Reed, Chris affil: Queen Mary University of London School of Law su: Internet laws Law & ethics Cyberspace Ethics Law reform sug: subj: Internet laws Law & ethics Cyberspace Ethics Law reform ab: There is a clear trend for law and regulation, particularly in cyberspace, to become increasingly precisely specified. The perceived benefit of this approach, increased certainty as to compliance, may be illusory. Over-complex laws have serious disadvantages, particularly a greatly weakened normative effect, and problems of contradiction and too-frequent amendment. The combined effect of these disadvantages can be to produce a 'bad' law system, assessed in terms of Fuller's internal morality of law. It may also result in a law-system which substantially fails to achieve its intended aims. This article proposes that these defects can be cured by abandoning the search for precision and substituting a method of lawmaking which requires the law's subjects to make their own qualitative assessments of whether they are meeting the obligations imposed on them. This will make the law more easily understandable by those to whom it applies, and will also increase the normative effect of cyberspace law. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: Copyright of Modern Law Review is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. item: Modern Law Review holder: Wiley-Blackwell dt: @attributes: year: 2010 holdings: @attributes: islocal: N |
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