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Law, Technology and Dispute Resolution: The Privatisation of Coercion

Law, Technology and Dispute Resolution: The Privatisation of Coercion

Law, Technology and Dispute Resolution: The Privatisation of Coercion

Author: Riikka Koulu
Publisher: Routledge
ISBN: 9781138555389
Published In: October 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 2,015.00

HKD 1,954.55 Save HKD 60.45 (3%)

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Description
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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.

PART I: THEORETICAL IMPLICATIONS OF DISPUTE RESOLUTION TECHNOLOGY

Chapter 1 Introduction

Chapter 2 Understanding Law and Technology

Chapter 3 Emerging Crisis

PART II: THREE QUESTS FOR JUSTIFICATION: SOVEREIGNTY, CONTRACT AND ACCESS TO JUSTICE

Chapter 4 Heading towards Justification

Chapter 5 Sovereignty and State Agenda

Chapter 6 Consent and Private Autonomy

Chapter 7 Access to Justice

PART III: NEW WAYS FORWARD?

Chapter 8 New Bases for Justification

Chapter 9 Conclusions

Bibliography

Index

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