Law, Technology and Dispute Resolution: The Privatisation of Coercion, 1st Edition (Hardback) book cover

Law, Technology and Dispute Resolution

The Privatisation of Coercion, 1st Edition

By Riikka Koulu

Routledge

220 pages | 4 B/W Illus.

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Hardback: 9781138555389
pub: 2018-10-09
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pub: 2018-09-24
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Description

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

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

About the Author

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.

About the Series

Law, Science and Society

Traditionally, the role of law has been to implement political decisions concerning the relationship between science and society. Increasingly, however, as our understanding of the complex dynamic between law, science and society deepens, this instrumental characterisation is seen to be inadequate, but as yet we have only a limited conception of what might take its place. In short, there is a need for new research and scholarship, and it is to that need that this series responds.

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Subject Categories

BISAC Subject Codes/Headings:
BUS010000
BUSINESS & ECONOMICS / Business Law
BUS073000
BUSINESS & ECONOMICS / Commerce
BUS090000
BUSINESS & ECONOMICS / E-Commerce / General (see also COMPUTERS / Electronic Commerce)
BUS110000
BUSINESS & ECONOMICS / Conflict Resolution & Mediation
LAW003000
LAW / Alternative Dispute Resolution
LAW014000
LAW / Commercial / General
LAW099000
LAW / Science & Technology
LAW104000
LAW / Computer & Internet