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SSRN Electronic Journal
Article . 2017 . Peer-reviewed
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Freedom and Affordances of the Net

Authors: Graber, Christoph B.;

Freedom and Affordances of the Net

Abstract

This article is about the relationship between technology and society in fundamental rights theory. So far, the discussion about law and technology has generally been one-directional within the most relevant branches of the social sciences; scholars of the law have been treating technology as a black box when conducting their analyses or developing their theories. In turn, science and technology studies have considered law and regulation as a closed book, which is unsatisfactory as well. Reductionist and compartmentalized theorizing is particularly problematic when it comes to conceiving a fundamental rights theory that is able to cope with challenges of the Internet. Guided by Niklas Luhmann’s autopoietic systems theory, this Article offers novel perspectives that aim at theoretically explaining how affordances can be conceptualized within constitutional rights theory, with the focus on the freedom of the Internet.

Countries
Switzerland, United States
Keywords

autopoietic systems, Jurisprudence, law and society, Internet, sociological systems theory, science and technology studies, affordances, fundamental rights theory, 340 Law, Internet Law, Niklas Luhmann, Legal History, Constitutional Law, 10887 Basic Subjects, technology, internet, Science and Technology Law, Law, Affordances, online, constitutional rights, Legal Theory

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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!
0
Average
Average
Average
bronze