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Law, Technology and Dispute Resolution
The Privatisation of Coercion



ISBN 9781138555389
Published October 17, 2018 by Routledge
220 Pages - 4 B/W Illustrations

 
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Book 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

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Author(s)

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. 

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Open Access content has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CCBY-NC-ND) license

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