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Belfast LEFIS Workshop 2004
Lessig’s code and other metaphors - Multidisciplinarity and Integrated Law Science
Richard De Mulder and Pieter Kleve
Need a doctor?
No.Get me a lawyer!
The world has changed
• The Berlin wall has fallen• Globalisation• Brand names are important• In Holland, some shops are open on Sunday• Fukuyama (1991) “The end of history ....”
The world has changed
• Our way of thinking has changed• We are now rational, calculating persons• Jensen and Meckling (1994), “The nature of man”• REMP• Resourceful, Evaluating, Maximizing Person
Changing norms and concepts
• privacy• anonymity• freedom of information• intellectual property• reliability of accountants and firms• enormous salaries, option plans for some • killing thousands of civilians• bringing democracy to nations• …..
86 90 94 98
The impact of information technology
actual
as perceived
Causes
• Strong decrease in price / increase in speed, performance and functionality
• Graphical user interfaces• Multimedia (CD-ROM / GAMES / interactive)• Consumer market share > 50%• Liberalisation of telecommunications market• Mobile phones, satellites • Internet• Broadband connections
Stages of technological development
1. rough materials● pans and pots, roof above your head
2. change of structure, movement● wheel, hinge
3. energy source in artefact● steam engine, combustion engine, electro motor
4. artefact starts up automatically● self-opening doors, computers
5. ?
The information society is connected to the fourth stage, because nowadays also machines can interpret data
Internet metaphors and confusion
• confusion 1.– Internet is a network ?– Internet is a communications protocol
• confusion 2.– “I’m on the internet ?”– I’m not. I stay at home, sitting in front of my computer
• confusion 3.– Internet is a virtual world ?– Internet is real
• confusion 4.– Internet leads to globalization of commerce ?– Internet leads to price cut in the shop at the corner
Code Law: MP3 - The legal issues
• enforcement of copyright–Is MP3 illegal ?
• not necessarily under most copy right laws–The EC directive on harmonization of copyright
• deals with on demand delivery (WIPO 1996)• does not deal with p-2-p file sharing
• control is impossible• effective technological protection is impossible• fair compensation ?
conclusion ? Mission Impossible
Statement 1
• Technology is the most important factor that influences society
Factors that lead to successful technology
• Mathematics
• Empiricism
• The creative idea
• Rationality
The disciplines
• Ordinary people
• Lawyers
• Mathematicians
• Scientists ---------------------------
• Engineers ----------------------------------
• Managers -------------------------------------------- ------------------
• Work, consume and vote
• Normative people
• Mathematical people
• Empirical, mathematical people
• Empirical, mathematical people with an idea
• Rational, empirical, mathematical people with an idea
Statement 2
• In order to understand (describe, predict) technology and its influence on society, you have to understand ordinary people, lawyers, mathematicians, scientists, engineers and managers
• and the ways in which they do not interact with each other.
technology
remm/ business adm.
law
can
want
may
model for integrated law science
Need a doctor?
No.Get me a lawyer!
Need a lawyer?
No. Get me a multidisciplinary team of academics from the Research School Safety and Security in Society!
That’s all folks!