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Transparency
New Trajectories in Law





ISBN 9781032175539
Published September 30, 2021 by Routledge
116 Pages

 
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Book Description

This book critiques the contemporary recourse to transparency in law and policy.



This is, ostensibly, the information age. At the heart of the societal shift toward digitalisation is the call for transparency and the liberalisation of information and data. Yet, with the recent rise of concerns such as 'fake news', post-truth and misinformation, where the policy responses to all these phenomena has been a petition for even greater transparency, it becomes imperative to critically reflect on what this dominant idea means, whom it serves, and what the effects are of its power. In response, this book provides the first sustained critique of the concept of transparency in law and policy. It offers a concise overview of transparency in law and policy around the world, and critiques how this concept works discursively to delimit other forms of governance, other ways of knowing and other realities. It draws on the work of Michel Foucault on discourse, archaeology and genealogy, together with later Foucaultian scholars, including Gayatri Chakravorty Spivak and Judith Butler, as a theoretical framework for challenging and thinking anew the history and understanding of what has become one of the most popular buzzwords of 21st century law and governance.



At the intersection of law and governance, this book will be of considerable interest to those working in these fields; but also to those engaged in other interdisciplinary areas, including society and technology, the digital humanities, technology laws and policy, global law and policy, as well as the surveillance society.



Table of Contents

Table of Contents





Acknowledgements



Preface





Introduction: The Discourse of Transparency



‘Beginning with the things it produced’



The Discourse of Transparency



Transparency in Scholarship



Book Outline



Approach: The Order of Discourse



Summary



Further Reading





PART I: THE DISCOURSE OF TRANSPARENCY



Chapter 1: A Brief History of Transparency’s Entry in Discourse



Abstract



Introduction



Archaeology



Transparency, the Enlightenment and Human Rights



Designing Transparency



Transparency as Metaphor



Summary



Further Reading



Chapter 2: Access to Information Delimited



Abstract



Introduction



Epistemic Violence of Transparency



Law and Exclusion



Summary



Further Reading



Chapter 3: Transparency Universal



Abstract



Introduction



Transparency and Inclusivity



Proselytising Transparency



Summary



Further Reading





PART II: TOWARD THE POST-TRANSPARENT



Chapter 4: The Fallacies of Transparency: Fake News, Artificial Intelligence and the Hyperinformation Society



Abstract



Introduction



Fake News: Baudrillard and the Hyperinformation Society



The Illusion of Transparency



Summary



Further Reading



Chapter 5: Producing the Transparent Subject: The Gaze Turns Inward



Introduction



Foucault and Subjectivity



The Transparent Subject



Self-Disclosure



Legislating for the Transparent Subject



Whistleblowing Laws



Depoliticising Effects



Summary Further Reading





PART III: RESISTANCE



Chapter 6: Resisting Transparency



Abstract



Introduction



Foucault, Power and Resistance



Resistance to Transparency



Summary



Further Reading





Conclusion



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Author(s)

Biography

Rachel Adams is a Senior Research Specialist at the Human Sciences Research Council, South Africa, and a Post-Doctoral Researcher with the Information Law and Policy Centre, at the Institute of Advanced Legal Studies, University of London.