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https://doi.org/10.31228/osf.i...
Article . 2019 . Peer-reviewed
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Law's Box: Law, Jurisprudence, and the Information Ecosphere

Authors: Callister, Paul D.;

Law's Box: Law, Jurisprudence, and the Information Ecosphere

Abstract

For so long as it has been important to know what the law is, the practice of law has been an information profession. Nonetheless, just how the information ecosphere affects legal discourse and thinking has never been systematically studied. Legal scholars study how law attempts to regulate information flow, but they say little about how information limits, shapes, and provides a medium for law to operate.Part I of the paper introduces a holistic approach to medium theory - the idea that methods of communication influence social development and ideology - and applies the theory to the development of legal thinking and institutions. Part II examines select historic and pre-historic cultures that emphasize different media for conducting legal affairs - stone stelae, clay tablets, papyrus, and oral verse.In concluding, the paper relies upon Heidegger's criticism of technological thinking. In the case of modern society, the legal environment and our conception of the past are limited by technological thinking (i.e., the reduction of all things as resources to be mastered and used toward some end). However, the challenge is to see, by studying past information ecospheres, the current boundaries of law's box and then to imagine what may lie beyond them.The UMKC selection committee for the Brenner Faculty Publishing Award unanimously designated the article from law faculty publications for 2005-2006 as the recipient of award.

Country
United States
Related Organizations
Keywords

Law -- United States -- History, LawArXiv|Law|Law and Society, LawArXiv|Law|Other Law, Heidegger, media theory, LawArXiv|Law|Legal History, law, bepress|Law|Other Law, Jurisprudence -- United States, jurisprudence, infosphere, 340, bepress|Law|Legal History, bepress|Law|Law and Society, information ecosphere, Mass media -- Philosophy, Information technology -- Social aspects, LawArXiv|Law, writing, legal theory, bepress|Law, legal history, technology, information environment, Information literacy

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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