1st Edition

Law, Technology and Dispute Resolution The Privatisation of Coercion

By Riikka Koulu Copyright 2019
    226 Pages
    by Routledge

    226 Pages 4 B/W Illustrations
    by Routledge

    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.





    Table of contents



    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



    Biography

    Dr. Riikka Koulu (LL.D. trained on the bench) is an assistant professor (tenure track) on law and digitalisation based in the University of Helsinki. She also leads the University of Helsinki Legal Tech Lab, an interdisciplinary law and technology hub at the Faculty of Law. Koulu's research interests include legal automation, distributed ledger technologies and legal analytics a well as algorithmic fairness and ethical implications of legal technology.