220 pages | 4 B/W Illus.
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
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
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.