The Non-Coherence Theory of Digital Human Rights

Author: Mart Susi
Publisher: Cambridge University Press
ISBN: 9781009407724

Published In: February 2026
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781009407700

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Susi offers a novel non-coherence theory of digital human rights to explain the change in meaning and scope of human rights rules, principles, ideas and concepts, and the interrelationships and related actors, when moving from the physical domain into the online domain. The transposition into the digital reality can alter the meaning of well-established offline human rights to a wider or narrower extent, impacting core concepts such as transparency, legal certainty and foreseeability. Susi analyses the 'loss in transposition' of some core features of the rights to privacy and freedom of expression. The non-coherence theory is used to explore key human rights theoretical concepts, such as the network society approach, the capabilities approach, transversality, and self-normativity, and it is also applied to e-state and artificial intelligence, challenging the idea of the sameness of rights.

Introduces a novel legal theory related to digital human rights
Explains how the scope and content of core human rights changes in the digital domain
Applies the non-coherence theory to various technical developments, such as Artificial Intelligence, e-state etc.

Introduction: the distorted image

Part I. The Contextual Challenges and Purpose of The Non-Coherence Theory of Digital Human Rights:

1. Horizontal and vertical governance models and normativity

2. The ontological dimension-reflections on distorted images and normative fragmentation

3. The epistemic dimension-rhetoric by and recognition of multiple actors

4. On the controversy about the relative weight of rights

5. Constitutional entitlements to human rights in the digital domain

Part II. Reflections On Some Theories and Doctrines:

6. The doctrine of the sameness of rights online and offline

7. Claims of new internet-specific human rights

8. The capabilities approach

9. The frankfurt school and normative order of the internet