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International Journal of Law and Information Technology
Article . 2021 . Peer-reviewed
License: OUP Standard Publication Reuse
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Code is code and law is law—the law of digitalization and the digitalization of law

Authors: Jan Oster;

Code is code and law is law—the law of digitalization and the digitalization of law

Abstract

Abstract The article argues for a sharp analytical distinction between the realms of technology and of law. The question to what extent the law ‘can’ be digitalized relates to technology, whereas the question to what extent it ‘may’ be digitalized falls within the realm of the law. Against this backdrop, it is argued that digital technology does not challenge the law fundamentally. Instead, the crucial questions on the relationship between law and digitalization lie in the details. The article raises those questions and provides an analytical framework for the law of digitalization and the digitalization of law.

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    12
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Top 10%
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Top 10%
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Top 10%
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
12
Top 10%
Top 10%
Top 10%
hybrid