Saturday, October 26, 2013

Does Internet Lead To A Paradigm Shift In Law?

Let us assume for a moment that law can be associated with the term 'science' (which is the case of many academics of various jurisdictions). In such a case, the common features of science could be attributed to law as well, including Thomas Kuhn paradigm as the word depicting the basic assumptions of scholars.

The basic assumptions of legal scholars, which eventually affect the practice and the legislation, at least via education of the forthcoming lawyers and legislators, comprise of theoretic models of various legal institutions. These institutions imply the way the things are regulated and/or resolved in practice.

Internet challenges many basic institutions of law, for instance, jurisdiction or persona (understood as a legal abstact from an actual individual or individuals). Speaking about jurisdiction, the law cannot resolve the problem without construction of many legal fictions, which are syphilis to get rid of according to Bentham.


May it be that this and associated facts mean that the Internet leads to a paradigm shift in law, which, in its turn, may affect the basic principles as well?


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