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2 - The rule of cyberspace

Published online by Cambridge University Press:  05 June 2012

Alan Davidson
Alan Davidson
Affiliation:
University of Queensland
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Summary

This chapter examines and contemplates law and culture in cyberspace. The role of law and indeed the rule of law have different dynamics in cyberspace as a consequence of the architecture of cyberspace and its anonymous, pseudonymous and borderless features. The resultant structural balance among technology, law and culture may be expressed as the ‘rule of cyberspace’. This spatial dimension, economic influence on human culture and the role of law and regulation together form a subculture which both impacts on and moulds electronic commerce.

First, the nature of cyberspace is examined. This is followed by consideration of theoretical bases for law and order in cyberspace. The rule of cyberspace emerges, by processes known as ‘spontaneous order’, from the environmental factors fashioning cyberspace. It is spontaneous order which best describes and to a limited extent predicts regulation for electronic commerce.

This chapter examines the juxtaposition of culture and cyberspace, a modern application of spontaneous order, and then uses a discussion of libertarian and classical approaches to predict the future of cyberspace.

Cultural and environmental juxtaposition with cyberspace

Human interaction tends towards order and has an aversion to chaos. Culture brings about communities, law, order and stability. And so is it for cyberspace and the rule of cyberspace.

Cyberspace is infused with a kind of spontaneous order, and has thus evolved protocols through public participation. No one controls cyberspace. There are many stakeholders and users, all with their own agendas, impacts and influences.

Type
Chapter
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The Law of Electronic Commerce , pp. 11 - 24
Publisher: Cambridge University Press
Print publication year: 2009

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References

Benedikt, Michael, Cyberspace: First steps, MIT Press, Cambridge MA, 1991.Google Scholar
Boyle, James, ‘Foucault in cyberspace: Surveillance, sovereignty, and hardwired censors’, (1997) University of Cincinnati Law Review 66.Google Scholar
Dicey, AV, Introduction to the study of the Law of the Constitution, Macmillan Press, London, 1885.Google Scholar
Gibson, William, Neuromancer, Ace Books, New York, 1984.Google Scholar
Greenleaf, Graham, ‘An endnote on regulating cyberspace: Architecture vs Law?’, [1998] UNSWLJ 52.Google Scholar
Hayek, Friedrich, Rules and Order, Volume 1: Law, Legislation and Liberty, 1973.
Johnson, David R and Post, David, ‘Law and borders – The rise of law in cyberspace’, (1996) 48 Stanford Law Review1367.CrossRefGoogle Scholar
Lessig, Lawrence, Code: The future of ideas – the fate of the commons in a connected world, First Vintage Books, 2002.Google Scholar
Lessig, Lawrence, Code, and other laws of cyberspace, Basic Books, 1999.Google Scholar
Lessig, Lawrence, ‘The law of the horse: What cyberlaw might teach’, (1999) 113 Harvard Law Review501.CrossRefGoogle Scholar
Lessig, Lawrence, ‘Reading the Constitution in cyberspace’, (1996) 45 Emory LJ869.Google Scholar
Morriss, AP, ‘The Wild West meets cyberspace’, (1998) 48 The Freeman: Ideas on Liberty427.Google Scholar
Post, David, ‘What Larry doesn't get: Code and other laws of cyberspace’, (2000) Stanford Law Review, Vol. 52, 1439.CrossRefGoogle Scholar
Smith, Adam, The Wealth of Nations, Book IV Chapter II, Mass Market Paperback, 2003.Google Scholar
Tylor, Sir Edward Burnett, Primitive culture: Researches into the development of mythology, philosophy, religion, language, art and custom, Gordon Press, London, (1871) 1974Google Scholar
Bell, Tom, The internet: Heavily regulated by no one in particular, (1997), www.tomwbell.com/writings/InterReg.html
Kirby, Michael, ‘Privacy in cyberspace’, (1998) UNSWLJ47Google Scholar
Greenleaf, Graham, ‘An endnote on regulating cyberspace: Architecture vs law?’, (1998) UNSWLJ52Google Scholar
Gibson, William, Neuromancer, Ace Books, New York, 1984Google Scholar
Benedikt, Michael, Cyberspace: First steps, MIT Press, Cambridge MA, 1991Google Scholar
Doherty, Michael E, ‘Marshall McLuhan meets William Gibson in “Cyberspace”’, (1995) Computer-Mediated Communication Magazine: www.ibiblio.org/cmc/mag/1995/sep/doherty.html
Greene, Elizabeth, ‘David Post: Freeing cyberspace from the rule of law’, (2000) The Chronicle, 20 OctoberGoogle Scholar
Morriss, Andrew, ‘The Wild West meets cyberspace’, (1998) 48 The Freeman: Ideas on liberty427Google Scholar
Dicey, AV, Law of the Constitution, 9th edn, Macmillan, London, 1950, p. 194Google Scholar
Dicey, AV, Introduction to the study of the Law of the Constitution, 10th edn, Macmillan, London, 1959, pp. 202–03.Google Scholar
Smith, Bradford, ‘The third industrial revolution: Policymaking for the internet’, (2001) 3 Colum Sci & Tech L Rev1Google Scholar
Hayek, Friedrich, The Fatal Conceit, University of Chicago Press, Chicago IL, 1988CrossRefGoogle Scholar
Hayek, Friedrich, ‘Economics and knowledge’, Economica (New Series), 1937, vol. IV, p. 33CrossRefGoogle Scholar
Smith, Adam, The Wealth of Nations, Book IV Chapter II, Bantam Classic, (1776) 2003
Smith, Adam published The Theory of Moral Sentiments in 1759
Smith, Adam published The Wealth of Nations in 1776, at the beginning of the Industrial Revolution
Lessig, Lawrence, ‘The law of the horse: What cyberlaw might teach’, (1999) 113Harvard Law Review501Google Scholar
Lessig, Lawrence, Code: The future of ideas, Basic Books, New York, 2002Google Scholar
Lessig, Lawrence, Code, and other laws of cyberspace, Basic Books, New York, 1999Google Scholar
Lessig, Lawrence, ‘The new Chicago School’, (1998) 27 J Legal Stud661CrossRefGoogle Scholar
Brand, Stewart, Whole Earth Review, Point Foundation, San Diego CA, 1984, p. 49, emphasis addedGoogle Scholar
Goldsmith, J, ‘Regulation of the internet: Three persistent fallacies’, (1998) 73 Chi-Kent L Rev1112Google Scholar

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  • The rule of cyberspace
  • Alan Davidson, University of Queensland
  • Book: The Law of Electronic Commerce
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511818400.002
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  • The rule of cyberspace
  • Alan Davidson, University of Queensland
  • Book: The Law of Electronic Commerce
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511818400.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The rule of cyberspace
  • Alan Davidson, University of Queensland
  • Book: The Law of Electronic Commerce
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511818400.002
Available formats
×